Effective July 9, 2018:  Employers with at least four employees (except if at least 2/3 of the employees are family members) are prohibited from requesting and relying upon information regarding previous wages.  Under the law, an employer, employment agency, or labor organization, and any agent thereof cannot:

  • Rely upon wage history received from any current or former employer of the individual to determine the wages for such individual (unless voluntarily disclosed by the prospective employee to support a higher wage than offered).
  • Require, orally or in writing, as a condition of being interviewed, considered for an offer of employment, or employment, that a prospective employee disclose information about the employee’s own wages from any current or former employer.
    • If the prospective employee had disclosed wage information to support a higher wage offer, the employer may confirm the information post-offer, if he or she has the prospective employee’s prior written authorization to do so.
  • Retaliate against someone for exercising his or her rights under the law.

 

Full text of the Westchester County law.

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