Section 260-RICR-30-05-8.8 - Wage History, Ranges, and Discussion8.8.1Wage HistoryA. An employer may not inquire about a job applicant's current or prior wage or salary, prompt a job applicant to provide current or prior wage or salary, or intentionally attempt to obtain information regarding the current or prior wage or salary of a job applicant.B. Where an employer does have information related to a job applicant's current or prior wage or salary, the employer may not rely on this information in making a hiring determination or setting wages to be paid upon hire.C. An employer may not set a minimum or maximum prior wage or salary threshold for a job applicant as a condition of hire.D. Where a job applicant, voluntarily and without prompting, provides information about current or prior wages or salary, an employer may rely on this information to proffer a higher wage rate than initially contemplated and, in so doing, may seek confirmation of the wage information; provided, however, that if offering a higher wage, an unlawful wage differential for comparable work based on one (1) of the factors listed in § 8.3 of this Part is not created.8.8.2Wage RangesA. At the time of hire, an employer must provide to the individual being hired the range of wages paid for the position into which the individual is hired.B. At the time of transfer to a new position within the employing entity, an employer must provide to the transferring employee the range of wages paid for the position into which the individual is transferred.C. At the request of an applicant or employee, an employer must disclose, at the time of application and/or hire or internal move to a new position, and at any time during employment, the wage range for the position of application or employment of the requesting individual.D. In providing this range by reference to a pay scale, previously determined range of wages for the position, or the actual range of wages for those currently holding equivalent positions, the employer must provide the inquiring individual with at least the minimum and maximum wages of the scale or range; where an employer provides this range by reference to an amount budgeted for a position, the employer must disclose the total amount budgeted.E. Where a wage range is not provided upon request, the aggrieved employee or applicant shall have the same recourse as provided for in § 8.5 of this Part.8.8.3Wage DiscussionsA. An employer may not prohibit an employee from inquiring about, discussing, or disclosing their wages or those of another employee, or prohibit an employee from aiding or encouraging any other employee to do the sameB. Where an employee believes that such prohibition has occurred, the aggrieved employee shall have the same recourse as provided for in § 8.5 of this Part.260 R.I. Code R. 260-RICR-30-05-8.8
Adopted effective 1/1/2023