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Total Articles: 6

Delaware Compensation History Ban: Another State Making A Pronouncement About Pay Equity

With another Labor Day approaching, employers are once again thinking about the many tasks that need to be completed before year end. Let’s add one more – remembering to add Delaware to the list of jurisdictions prohibiting employers from asking applicants’ compensation history pre-offer. The synopsis of the law states that when an employer affirmatively asks about pay history, it perpetuates gender disparities from one job to another.

Delaware: The Latest State to Amend its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).

Delaware Follows Suit, Joins Number of Jurisdictions Banning Salary History Inquiries

On June 14, 2017, Delaware’s governor signed a measure enacting a pay history inquiry ban similar to those enacted recently in Massachusetts, New York City, Philadelphia, and Puerto Rico. Specifically, Title 19 of the Delaware Code, relating to unlawful employment practices, has been amended to now make it unlawful to (1) screen applicants based on their compensation histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria; or (2) seek the compensation history of an applicant from the applicant or a current or former employer.

Delaware Salary History Ban Again Highlights Trending Issue

A new Delaware law will prohibit employers from screening job applicants based on their salary history and from asking a current or former employer about an applicant's compensation history. Delaware Gov. John Carney signed the law on June 14, and it will take will take effect in December 2017.

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which garnered significant bipartisan support, is based on the same rationale used for similar measures enacted in Oregon, Massachusetts, New York City, and Philadelphia: pay inequities are perpetuated when current pay is based on past employer decisions that could have been discriminatory based on gender. The new law aims to reduce persistent pay gaps between the genders by prohibiting inquiry into a job applicant’s compensation history, with the hopes of encouraging employers to proactively assess pay based on other factors, such as merit, experience, and the market.

Delaware Enacts Social Media Privacy Law Affecting Employers

A new Delaware privacy law bans employers from demanding access to a job applicant's or employee's personal social media accounts. Effective August 7, the Delaware Code will be amended to include safeguards for the online activities of employees and applicants.
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