The Connecticut Department of Labor recently issued non-binding guidance regarding Public Act 21-30, “An Act Concerning the Disclosure of Salary Range for a Vacant Position” (“Act”). The Act went into effect on October 1, 2021.
The guidance, which is in the form of questions and answers (“Q&As”), is helpful to understand the Department of Labor’s view of the Act. However, the guidance leaves certain questions unanswered. In addition, employers should keep in mind that, because the guidance is non-binding, a court could disregard the guidance and interpret the Act’s provisions differently.
As previously noted in the Epstein Becker Green Insight “Connecticut Will Require Employers to Disclose Wage Range to Applicants and Employees, and Broadens Equal Pay Law,” the Act prohibits employers from failing or refusing to provide job applicants with the wage range for the position for which the applicant is applying. The wage range must be provided to the applicant upon the earlier of (1) the applicant’s request, or (2) prior to or at the time the applicant is made an offer of compensation. The Act also prohibits employers from failing or refusing to provide current employees with their wage range upon (1) hiring, (2) a change in the employee’s position, or (3) the employee’s first request for a wage range.
Under the Act, the “wage range” is defined as the “range of wages an employer anticipates relying on when setting wages for a position, and may...
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