[§378-2.4] Employer inquiries into and consideration of salary or wage history. (a) No employer, employment agency, or employee or agent thereof shall:
(b) Notwithstanding subsection (a), an employer, employment agency, or employee or agent thereof, without inquiring about salary history, may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation; provided that if an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, the employer, employment agency, or employee or agent thereof, may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history.
(c) This section shall not apply to:
(d) For purposes of this section:
"Inquire" means to:
provided that this shall not include informing an applicant, in writing or otherwise, about the proposed or anticipated salary or salary range for the position.
"Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but shall not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. [L 2018, c 108, §2]