Prior Salary Inquiries Banned

Commencing January 6, 2020, employers in New York State will be prohibited from asking job applicants and current employees about their prior pay history, requesting such information from the applicant’s employee’s former employer(s), and relying on an applicant’s or employee’s prior salary history in determining salary or whether to offer employment.

There are two exceptions to this new state-wide law. First, employees may volunteer this information, without prompting, so that they can negotiate their pay. Second, at the time compensation is offered, an employer may verify salary history if the applicant or employee provides prior compensation history to support a request for higher pay.

Takeaway: If it imperative that an interviewer never request an applicant’s or employee’s salary history unless it is voluntarily provided by the applicant or employee first.

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