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The second type is for employees (commonly referred to as exempt) whose primary job duties meet the Executive, Administrative or Professional exemptions established in 26 MRS §663 (K). These employees are paid a predetermined fixed amount regardless of the hours worked.
Maine is now the eighth state to enact a salary history ban, joining its New England counterparts in Massachusetts and Connecticut. L.D. 278 specifically prohibits employers from asking about a prospective employee's compensation history until after that employer has extended a job offer including compensation terms.
California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.
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.
California Governor Jerry Brown signed Assembly Bill 168 into law in October of 2017. The new law goes into effect on January 1, 2018. Assembly Bill 168 prohibits California employers from asking about an applicant's prior salary.
In fact, employees' right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.
A salaried employee refers to an employee that gets paid a set amount of compensation for their work instead of an hourly rate. They receive the full amount of pay they're promised, regardless of how many hours they work during a workweek. Typically, salaried employees receive a regular, biweekly or monthly paycheck.
Employers may not discriminate against an employee for inquiring about, disclosing, comparing or otherwise discussing the employee's wages with others.
Employers may not discriminate against an employee for inquiring about, disclosing, comparing or otherwise discussing the employee's wages with others.