New Orleans Mayor, Mitch Landrieu, has issued an executive order that bans questions about salary history during the application processes for City positions. The executive order is effective January 25, 2017 and is similar to measures in Philadelphia and Massachusetts.

The executive order applies to all City departments and prohibits inquiries about a candidate’s salary history during the application and interview process. The order states that the Chief Administrative Office will issue a policy memorandum outlining the interview process City departments must follow when seeking candidates for employment including, but not limited to, prohibiting questions about a candidate’s salary history throughout the application and interview phases.

The order also requires the Civil Service Commission to conduct a study of pay disparity among city employees that will include analysis of actual wages paid, with a breakdown of gender, classification, base pay, longevity, merit, special assignment, overtime, and any other pay above the base rate for the position and an estimate of the cost to close the wage gap.

While the executive order is limited to City employees it may signal a willingness to move in that direction for private employers in the future. Private employers would do well to continue to monitor developments and consider reviewing their hiring processes in advance of any future changes to local and state laws.

Photo of Nicole Eichberger Nicole Eichberger

Nicole A. Eichberger is a partner in the Labor and Employment Law Department and head of the New Orleans office. She is a member of the Class & Collective Actions and Wage and Hour Groups. Nici is an experienced trial lawyer and represents…

Nicole A. Eichberger is a partner in the Labor and Employment Law Department and head of the New Orleans office. She is a member of the Class & Collective Actions and Wage and Hour Groups. Nici is an experienced trial lawyer and represents clients in all types of employment-related matters, from single-plaintiff and complex employment to large, complex class and collective actions alleging discrimination, non-compete violations, and wage and hour disputes.

Nici has significant experience assisting clients in the defense of numerous class and collective actions. She frequently counsels employers, fiduciaries, and trustees on employment, wage and hour and benefit issues.

In addition to her litigation practice, Nici assists in conducting workplace investigations and audits related to discrimination, managerial training, non-competes and employee classification. She is adept to counseling clients on a wide array of issues including reviewing and drafting employee handbooks, wage and hour issues, employee leave and training policies.

She is a member of the Firm’s eDiscovery Group and advises clients on eDiscovery matters, including day-to-day preservation, investigations and litigation strategies.

Nici recently completed a three-year term was on the ABA’s Standing Committee on Pro Bono & Public Service and serves as the Pro Bono Co-Coordinator for Proskauer’s New Orleans office. She is a prolific writer, frequently contributing to Proskauer’s Law and the Workplace Blog and a sought-after speaker on collective/class action topics.