Applicants’ Salary History Now Closed to Employers in New York City

By Hilary Atkins posted 05-22-2017 11:28 AM


We’ve previously reported that a bill made its way through the NYC legislative process that prohibited prospective employers from inquiring into or relying on a job applicant’s salary history during the hiring process. Earlier this week, NYC Mayor Bill de Blasio signed it into law, cementing the deal. The law will take effect October 31, 2017.

“Salary history” is defined very broadly, and includes wages, benefits and other compensation. It does not include any evidence of the applicant’s productivity, including revenues and sales reporting. Those are still permissible during the hiring process.

And, the employer is still free to ask an applicant about his or her expectations with respect to salary.

Employers’ takeaway here is to put in place steps for training their recruiters, hiring managers, HR personnel, and others involved in the interviewing and hiring process. Employers should also review all document in the application process to ensure compliance.