Effective July 1, 2018, a new law prohibits Vermont employers from inquiring about or seeking an applicant’s salary history information, including information on his or her current or past wages, salary, bonuses, or benefits. The law also bans employers from relying on an applicant’s salary history information as a factor in determining whether to interview the applicant.
Notably, the law does not prohibit:
- After making an offer of employment that includes compensation, confirming or requesting an applicant’s salary history information if the applicant previously disclosed the information voluntarily; or
- Inquiring about an applicant’s salary expectations or requirements.
Click here to read the law.
Workplace Prohibition Effective July 1, 2016
A new law in Vermont prohibits using electronic cigarettes in any workplace.
- Under the new law, the possession of lighted tobacco products or use of tobacco substitutes is prohibited in any workplace.
- “Tobacco substitutes” are products—including electronic cigarettes or other electronic or battery-powered devices—that contain and are designed to deliver nicotine or other substances into the body through inhaling vapor and that have not been approved by the U.S. Food and Drug Administration for tobacco cessation or other medical purposes. Products that have been approved by the U.S. Food and Drug Administration for tobacco cessation or other medical purposes are not considered to be tobacco substitutes.
- “Workplace” means an enclosed structure where employees perform services for an employer, including restaurants, bars, and other establishments in which food or drinks, or both, are served.
- In the case of an employer who assigns employees to departments, divisions, or similar organizational units, “workplace” means the enclosed portion of a structure to which the employee is assigned.
Exception for Vaping Lounges
The prohibition on using tobacco substitutes in a workplace does not apply to a business that does not sell food or beverages but is established for the sole purpose of providing a setting for patrons to purchase and use tobacco substitutes and related paraphernalia (i.e., vaping lounges).
These provisions take effect July 1, 2016. Click here to read the text of the law.
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Law Effective July 1, 2017
A new law in Vermont, effective July 1, 2017, places certain restrictions on employers’ criminal record inquiries.
‘Ban the Box’ Provisions
- An employer is generally prohibited from requesting criminal history record information on its initial employee application form.
- An employer may inquire about a prospective employee’s criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.
- If an employer inquires about a prospective employee’s criminal history record information, the prospective employee (if still eligible for the position under applicable law) must be afforded an opportunity to explain the information and circumstances regarding any convictions, including post-conviction rehabilitation.
- An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met:
- The prospective employee is applying for a position for which any federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or the employer (or an affiliate of the employer) is subject to an obligation imposed by any federal or state law or regulation not to employ an individual (in either one or more positions) who has been convicted of one or more types of criminal offenses; and
- The questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.
Additional details are contained in the text of the law. A press release is also available.
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