Nevada will soon require employers to inform applicants of the wage or salary for the position they are applying for and prohibit the employer from asking about the applicant’s salary or wage history. These requirements are effective October 1 and also apply to employment agencies; they do not apply to positions outside of Nevada.
Pay Disclosure
Employers are required to provide applicants with the wage or salary range or rate for the position once they’ve completed an interview. The law doesn’t define “interview,” so we recommend providing it after the first interview, even if it’s just a phone screen.
If the applicant isn’t a current employee, you must provide the position’s compensation (rate or range) after their interview regardless of whether they request it. If the applicant is a current employee, you are required to inform them of the rate or range for the position upon request either after an interview or once you’ve offered them the position.
Salary History Ban
Employers may not ask about an applicant’s salary or wage history. If an employer does end up with that information, it can’t use the applicant’s salary or wage history to screen them out of the running or to set their compensation. “Wage or wage history” includes benefits and other compensation.
The salary history ban also prohibits employers from retaliating against an applicant (such as by refusing to interview, hire, or promote) if they don’t provide their wage or salary history. You may continue to ask applicants for their salary expectations.
Action Items
By October 1, 2021:
- If you don’t include compensation in your job postings, update your interview procedures to ensure that you provide the wage or salary range or rate after interviewing candidates.
- Train everyone involved in the interview process to steer clear of salary history questions and to disregard any information that is volunteered.
- Ensure that your application forms don’t ask for salary or wage history.
