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Nevada Enacts Salary History Ban

A new law (SB 293) will prohibit Nevada employers from seeking job applicants’ wage or salary history when making hiring decisions or determining the rate of pay to offer an applicant. The law becomes effective October 1,2021, and will apply to private employers and to state, county and local governmental agencies and hiring authorities.

In addition to prohibiting employers from asking about wage or salary history, the law makes it unlawful for employers, if an applicant does not provide their pay history, to:

  • Refuse to interview, hire, promote or employ the applicant; or
  • Discriminate or retaliate against the applicant.

The law also requires pay transparency. Once an applicant has completed an interview for the position the employer is required to provide them with the job’s wage or salary range or rate. Employees who are applying for a position as a promotion or transfer are also covered under the law, except that the employer is not required to provide them with the wage or salary range or rate unless the employee requests it.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.