New York State has now passed a law prohibiting employers from inquiring about an applicant’s or current employee’s compensation/salary history. This new law was effective as of January 6, 2020.
Under this law, employers are prohibited from:
- Refusing to interview, hire, or promote an employee or applicant based upon salary history or because the employee or applicant did not provide it.
- Refusing to interview, hire, or promote an employee or applicant if they have filed a complaint with the Department of Labor, in violation of this law.
- Relying on the applicant’s current salary to determine an employment offer or salary.
- Requesting, written or verbally, the salary history of the applicant or current employee as a contingency of an interview or promotion.
Employers Next Steps
- Provide training for anyone involved in your hiring process accordingly.
- If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy, please email us.
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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.