October 25, 2023
Minnesota law prohibits inquiries into applicants' pay history starting in 2024
Effective January 1, 2024, Minnesota SF 2909, prohibits inquiries into an applicant's current wage, salary, benefits or other compensation for purposes of determining the compensation that will be paid to the applicant. The law applies to employers, employment agencies and labor organizations doing business in Minnesota.
Minnesota joins 28 states and localities that currently impose a similar salary history ban. (EY survey of state and local laws, August 2023.)
Exceptions to the requirement
Ernst & Young LLP insights
Employers should be aware that while they cannot inquire into the salary history of applicants, Minnesota's wage disclosure law prohibits employers from preventing employees from telling others about their wages or conditions of employment. Additionally, employers cannot require that employees sign waivers that remove their right to discuss their wages and working conditions with others.
Employers must include information about the state's wage disclosure law in their employee handbook.
Published by NTD’s Tax Technical Knowledge Services group; Andrea Ben-Yosef, legal editor