Posts tagged hiring
New York Significantly Expands its Equal Pay Protections and Bans Salary History Inquiries

New York recently enacted legislation significantly expanding its equal pay laws and prohibiting employers from inquiring into an applicant’s salary history. These new laws bring New York State, as a whole, in line with laws currently in effect in New York City and become effective October 8, 2019.

Pay Equity

Currently, New York law protects against gender-based pay inequality by requiring equal pay for equal work. The new legislation, similar to New Jersey’s recent pay equity law expansion, requires equal pay for “substantially similar work” and applies to all protected categories, including, race, sexual orientation, and disability, not just gender.

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New Jersey Bans Salary History Inquiries

On July 25, 2019, following a similar trend in other states, New Jersey enacted a ban on employers inquiring into an applicant’s prior salary history. This ban goes into effect on January 1, 2020, and is intended to complement the Diane B. Allen Equal Pay Act, which became effective July 2, 2018.

The new law prohibits employers from requiring applicants to provide salary history or requiring that an applicant’s salary history meet any minimum threshold for consideration for a position.

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NYC Issues Fact Sheets On Salary History Inquiry Ban

As I previously posted, beginning October 31, 2017, it will be unlawful in New York City for an employer to inquiry about a job applicant's salary history during the hiring process or rely upon an applicant's prior salary history when setting compensation.  The New York Commission on Human Rights, which enforces the law, has issued an Employer Fact Sheet and a Job Applicant Fact Sheet providing guidance on the law.

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Complying with New York's Hiring Laws

I previously wrote about issues faced by employers when hiring employees.  As I discussed, in order to comply with all legal requirements surrounding hiring, employers must be familiar with federal law as well as applicable state and local laws.  As with New Jersey, New York has implemented specific requirements that an employer must understand in order to not run afoul of the law when hiring an employee.  Employers in New York City have even more requirements they must comply with.

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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. 

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