Highlights of Pay Law
Features of the law, which aims to reduce pay disparities for women and minorities, include the following:
- Employers, employment agencies and their agents can't ask about an applicant’s salary history or search publicly available records or reports to ascertain an applicant's salary history.
- Employers can discuss applicants' compensation and benefit expectations and tell applicants about a position's proposed salary or salary range. Employers can also have discussions with candidates about issues like sales, revenue or productivity.
- If a candidate "voluntarily and without prompting" discloses salary history information, the employer can then use this information to set compensation.
- Employers can't retaliate against employees who disclose their wages to other employees, discuss their wages or inquire about the wages of other employees.
- Remedies for violations of the law are included in Hawaii’s antidiscrimination law.
The law applies only to prospective employees, not applicants for internal transfer or promotion.