NYC Employers Will No Longer Be Able to Inquire as to an Applicant's Salary History


On May 4, 2017, Mayor de Blasio signed legislation prohibiting employers from inquiring into, or relying on, an applicant's salary history at any stage in the employment process.  This salary history inquiry ban will take effect October, 31, 2017 and continues a trend in New York City to enact local laws effecting the employment relationship.  Other relatively recent New York City legislation includes the NYC Earned Sick Time Act and the NYC Commuter Benefits Law. 

The new law applies to all employers in New York City, with limited exceptions, and amends the NYC Human Rights Law to make it a discriminatory practice to:

  1. Inquire about the salary history of an applicant for employment: or

  2. To rely on the salary history of an applicant in determining the salary, benefits or other compensation for such applicant during the hiring process, including the negotiation of a contract.

Many employers routinely inquire as to an applicant's salary history as part of their job written and online application forms.  This will soon be unlawful for employers in New York City. Employers will need to update their application forms, along with interview procedures, and verification processes,  in anticipation of the effective date of the new law.

Please contact us at (646) 503-5358 or you have any questions about complying with the New York City salary history ban.