Effective January 6, 2020: Employers in New York are prohibited from inquiring into or relying upon the salary history of an applicant or employee in determining whether to offer a job and in setting that person’s salary. Employers are also prohibited from retaliating against applicants or employees who refuse to disclose salary history information.
This decision follows in the footsteps of New York City, Suffolk County, and Westchester County, all of whom already passed their own salary history bans. Unlike New York City’s law though, New York State’s law applies not only to job applicants. Rather, it also applies to current employees who are seeking internal transfers or promotions.
Nothing in the law prohibits an applicant or employee from voluntarily and “without prompting” disclosing salary history. Additionally, if an applicant or current employee chooses to disclose such information to try to negotiate a higher offer, an employer may then confirm that wage or salary history.
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For more information about the growing trend of salary history bans, please visit our Resource Library.