As of November 1, 2017:
APPLIES TO ALL EMPLOYERS in New York City
EMPLOYERS MAY NO LONGER:
- Ask about an applicant’s salary history (including benefits and other
compensation), either directly, in an application, by searching publicly-available
records or reports, or by asking an applicant’s current or previous employer - Rely on the applicant’s salary history to determine that applicant’s salary at any
point in the hiring process, unless the applicant “voluntarily” and “without
prompting” discloses their previous salary information - This also applies to negotiations of an employment agreement
ADVICE TO ALL EMPLOYERS:
o Instead of asking about an applicant’s salary history, employers should discuss an applicant’s
“EXPECTATIONS” regarding salary, benefits, and other compensation
o Employers can tell an applicant what the proposed salary or range is for the position for
which he or she is applying
o Employers should review their employment applications, interview questions, and the hiring
process
o Employers should train any employee involved in the interviewing and hiring process
regarding this new law
o Start doing these things sooner rather than later so the transition is smooth and seamless