New York: Statewide Salary History Ban Goes into Effect

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All Employers with NY Employees

EFFECTIVE

January 6, 2020

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New York kicks off 2020 with a statewide salary history ban.  Like other similar laws, the new regulation is intended to address wage differentials attributed to gender.  Public and private employers alike are prohibited from asking applicants about prior salary history information (including compensation and benefits), or from seeking such information from other sources, verbally or in writing.  Additionally, employers are prohibited from relying on salary history information as a factor in determining whether or not to interview a candidate, or what salary level to offer.

Similar provisions apply to current employees who are being interviewed or considered for internal promotion.  Employers are permitted to consider information already in their possession (such as current salary or benefits being paid by the employer), but cannot request pay information from other jobs.

Employers are permitted to ask applicants about their salary expectations.  Applicants and employees may voluntarily disclose salary history information, so long as disclosures are made without prompting from the employer.

Action Items

  1. View the salary history ban fact sheet on the state government’s website here.
  2. Have hiring managers trained on the new requirements.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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