New York to ban Salary History January 2020

(Last Updated On: )

Special Announcement to all New York employers :

The State of New York passed a law (S 6549 ) amending NY Labor Code by adding a new section 194-a. This bill prohibits employers from inquiring into or requiring disclosure of previous salary.  The Governor of New York signed the law and it will be effective on 01/06/20

Among other things, the law makes the following an prohibited practice for any employer to:

  1. rely on the wage or salary history of an applicant in determining whether to offer employment to such individual or in determining the wages or salary for such individual.      
  2. orally or in writing seek, request, or require the wage or salary history from an applicant or current employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion.
  3. orally or in writing seek, request, or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee’s current or former employer, except as provided in subdivision three of this section.
  4. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history.
  5. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current employee did not provide wage or salary history in accordance with this section.
  6. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current or former employee because the

This law will require a review of the hiring process in place, including any documentation or forms that all applicants must complete, and may require changes to that process.

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

The complete text of the legislation can be found here: S 6549

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation