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It's illegal to ask for salary history in several states including California, Connecticut, Delaware, Hawaii, Massachusetts, Oregon and Vermont, which all have some form of ban for private employers.
The distinguishing feature in the Massachusetts law is that job seekers will no longer be compelled to disclose their salary or wages at their current or previous jobs which often leaves applicants with the nagging suspicion that they might have been offered more money if the earlier figure had been higher.
Massachusetts is the first state to prohibit potential employers from asking about applicants' salary history before making a job offer. Employees are free to share their salaries with potential employers at any time if they so choose but they cannot be compelled to do so.
Employers should keep records of training, employment history and terms and conditions of employment. Although payroll records should be retained for the current tax year plus the previous three years, many employers keep these records for six years.
Employers with 20 or more employees are required to retain the complete personnel record of an employee without deletions or expungement of information (except by mutual agreement of the employer and the employee) for three years after termination of employment.
No, you cannot prohibit employees from discussing either their own wages or their coworkers' wages or from disclosing wage information to any person or entity. You can only prohibit those employees whose job responsibilities give them access to other employees' compensation information from discussing wage information.
Employers must keep payroll records for 3 years. Payroll records include the worker's name, address, job/occupation, amount paid each pay period, and hours worked (each day and week).
Workers have the right to be paid for all the time that they work and to be paid on time. They must get paystubs and be able to see their employer's record of their hours and pay. Workers who think their rights were violated can file a complaint with the Attorney General's Fair Labor Division.
Massachusetts law allows employers to confirm prior salary or allows an applicant to confirm prior salary: (a) if an applicant has voluntarily disclosed such information; or (b) after an offer of employment with compensation has been negotiated and made to the applicant.
Payroll records are the combined documents pertaining to payroll that businesses must maintain for each individual that they employ. This includes pay rates, total compensation, tax deductions, hours worked, benefit contributions and more.