Effective January 1, 2024, Minnesota employers (including employment agencies and labor organizations) are prohibited from inquiring into a job applicant’s pay history (prior or current wage, salary, earnings, benefits) “for the purpose of determining compensation or benefits”. However, applicants may voluntarily disclose it (without being asked or prompted). If they do this, employers may take this information into consideration as a basis to offer a higher wage or salary than initially planned.
However, the new Minnesota Human Rights Act provision (Minn. Stat. 363A.08) does not restrict employers from providing applicants with information on compensation or benefits associated with a particular job position. For example, employers may still discuss applicants’ expectations or requests pertaining to compensation and benefits in relation to a position.