Wisconsin Hourly Employee Evaluation
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FAQ
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.
Currently, there is one state, Oregon, with full state predictive scheduling regulations that apply to every city. Additionally, Vermont and New Hampshire have specific regulations in place around flexible working hours for employees.
An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency.
Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant's salary history information, which includes compensation as well as benefits.
Effective April 18, 2018, under Wisconsin law, local governments are forbidden from prohibiting employers from soliciting applicants' pay histories. Thus, employers are legally allowed to request information about applicants' previous wages.
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.
When you and another employee have a conversation or communication about your pay, it is unlawful for your employer to punish or retaliate against you in any way for having that conversation.
Under the National Labor Relations Act (NLRA), non-supervisory private sector employees have a right to discuss their pay and other terms and conditions of employment with their fellow employees and with union organizers.
In general, the federal notice requirements under the Worker Adjustment and Retraining Notification (WARN) Act apply to employers with 100 or more employees. The notice requirements under Wisconsin's Business Closing and Mass Layoff (WBCML) law apply to employers with 50 or more employees in Wisconsin.
