Hawaii Passes New Salary History Ban Law

By Kelsey Basten

Published on August 2, 2018

Hawaii Governor David Y. Ige signed Senate Bill 2351 into law on July 5, 2018. The new law prohibits employers from asking applicants about their prior compensation history, effective Jan. 1, 2019.

The law states that employers may not inquire about an applicant’s current or prior wage, benefits or other forms of compensation. Also, employers cannot search publicly available records or reports to obtain information about an applicant’s salary history. However, if an applicant voluntarily discloses salary history to an employer, the information can be used in consideration of setting compensation for the position.

Furthermore, the new law does not apply to current employees who apply for internal transfer or promotion.

Employers may not retaliate against employees who discuss their salaries. Also, employers may not ban or discourage employees from having wage-related discussions.

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