New Salary History Law in Effect for NYC

New Salary History Law in Effect for NYC

salary

To ask or not to ask? No longer a question…

No matter how much preparation and practice you do before an interview, the uncomfortable question about your previous salary history can instantly throw you off your game. Many of us have gone into an interview not knowing how to answer that dreaded question and fortunately, that issue will no longer be able to haunt prospective employees.

New York City’s new salary history inquiry law went into effect last week on Oct. 31, 2017 and applies to all employers, regardless of size. Under an amendment to the city’s Human Rights Law, New York City employers may no longer ask job applicants about their salary history. The idea behind this new law is to attempt to foster pay equity among men and women. According to an August 2016 study commissioned by New York City public advocate, Letitia James, women in New York State get paid, on average, only around 87 percent of what men get paid. With this new law prohibiting any salary history questions, employers will have no choice but to offer salaries based solely on merit, experience and job requirements and not gender, race, or ethnicity.

According to the NYC Human Rights law website, The Law bans employers from:

  • Asking applicants questions about or solicit information about applicants’ current or prior earnings or benefits, for example on job applications.
  • Asking applicants’ current or former employers or their employees about applicants’ current or prior earnings or benefits.
  • Searching public records to learn about applicants’ current or prior earnings or benefits.
  • Relying on information about applicants’ current or prior earnings or bene ts to set their compensation

There are some notable exceptions. Internal applicants are not covered by the new law. Employers are still allowed to talk to the applicants about their salary expectations and employers can use salary information that is volunteered by the applicants.

Any candidate who thinks a prospective employer has violated the new law can file a complaint with the city’s Commission on Human Rights. Check out some of the important facts and resources regarding the Salary History Law on NYC.gov.