County of Suffolk, NY to Restrict Salary Use in June 2019

(Last Updated On: February 12, 2019)

Special Announcement to all Suffolk County, NY employers:

Effective June 30, 2019, the County of Suffolk, NY will impose an ordinance, amending Chapter 528 of the Suffolk County Human Rights Law, that restricts employers in the county from asking about and using previous salary information.

Under the law, the following restrictions, will apply:

1) For any employer, employment agency, employee or agent thereof to inquire, whether in any form of application or otherwise, about a job applicant’s wage or salary history, including but not limited to, compensation and benefits. For purposes of this subdivision, “to inquire” means to ask an applicant or former employer orally, or in writing or otherwise or to conduct a search of publicly available records or reports.

2) For any employer, employment agency, employee or agent thereof to rely on the salary history of an applicant for employment in determining the wage or salary amount for such applicant at any stage in the employment process including the offer or contract.

This law will require a review of the hiring process in place 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.

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.

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