Law Offices of Christopher Bent, LLC

Hiring the perfect candidate at the right price may be more difficult than before, in light of recent legislation and a local Ordinance promulgated in Cincinnati. Maine and Cincinnati joins New York City, California, Connecticut, Delaware, Massachusetts and Oregon, in creating legislation that prohibits employers from making salary history inquiries of potential employees. The law seeks to stop perpetuating existing wage gaps that follow employees from job to job. . The ...Cincinnati Ordinance becomes effective March 13, 2020. It applies to employers doing business within Cincinnati with 15 or more employees. The Ordinance prohibits employers from: seeking information about an applicant’s current or prior wages, benefits, or other compensation; Screening job applicants based on their current or prior wages, benefits, other compensation, or salary histories; Relying on an applicant’s salary history when deciding whether to make an offer of employment or determining the amount of salary, benefits, or other compensation during the hiring process; or Refusing to hire or retaliating against applicants for not disclosing their salary to the employer. The Ordinance also provides applicants the right to bring a private cause of action against an employer that violates the salary history ban. The applicant has two years from the date of the violation to bring a lawsuit, and can seek damages, reasonable attorneys’ fees and costs. In Maine, the new law prohibits employers from using, inquiring about or confirming an applicant’s compensation history until after an offer of employment has been negotiated and made, and the offer must include all terms of compensation, subject to a few exceptions. Laws designed to eliminate income inequality that are promulgated to maximize income potential, is good for workers, but it creates a potential conundrum for unwitting employers trying to find good employees, without breaking the bank. See more

In a 5-4 decision, the U.S. Supreme Court issued a Ruling on May 21, 2018, allowing an employer to enforce arbitration of a wage and hour dispute. The Ruling prevents employees from advancing class action litigation, when there is a valid, enforceable arbitration agreement providing for individualized arbitration proceedings to resolve employment disputes between the parties. Carried to its logical conclusion, employers could significantly reduce and/or totally eviscerate employment related class-action lawsuits.

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