EFFECTIVE OCTOBER 1, 2021: Nevada now requires employers to inform applicants of the wage or salary for the position they are applying and prohibits the employer from asking about the applicant’s salary or wage history. These requirements also apply to employment agencies; they do not apply to positions outside of Nevada.
Pay Disclosure
Employers are required to provide applicants with the wage or salary range or rate for the position once they have completed an interview. The law does not define “interview;” best practice would be to provide after first interview.
If the applicant is not a current employee, you must provide the position’s compensation (rate or range) after their interview regardless of whether they request it. If the applicant is a current employee, you are required to inform them of the rate or range for the position upon request either after an interview or once you have offered position.
Salary History Ban
Employers may not ask about an applicant’s salary or wage history. If an employer does come into possession of that information, that information cannot be used to screen them out of the process or to set their compensation. “Wage or wage history” includes benefits and other compensation.
The salary history ban also prohibits employers from retaliating against an applicant (e.g. refusing to interview, hire, or promote) if they do not provide their wage or salary history. You may continue to ask applicants for their salary expectations.
Action Items
- If you do not include compensation in your job postings, update your interview procedures to ensure that you provide the wage or salary range or rate after interviewing candidates.
- Train everyone involved in the interview process to steer clear of salary history questions and to disregard any information that is volunteered.
- Ensure that your application forms don’t ask for salary or wage history.
Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.