Westchester County, NY to Prohibit the Use of Salary History

(Last Updated On: October 5, 2018)

Special Announcement to all Westchester County, NY employers:

The County of Westchester, NY passed a law amending section 700.03 of the Laws of Westchester County. This law will prohibit employers from asking for salary history from job applicants.  The County Executive signed the law on April 10th, 2018 and it will be effective on July 9th, 2018.

The law makes the following an unlawful practice:

1) Rely on the salary history of a prospective employee from any current or former employer of the individual in determining the wages for such individual; provided that an employer may rely on prior salary history when it is voluntarily provided by a prospective employee to support a wage higher than the wage offered by the employer;

2) Orally, or in writing, request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment, that a prospective employee disclose information about the employee’s own wages from any current or former employer; and

3) Orally, or in writing, seek from any current or former employer the previous wages of any prospective employee; provided, however, that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than offered by the employer. Under these circumstances, the employer may only seek to confirm prior wages after obtaining written authorization by the prospective employee to do so.

The complete text of the legislation can be found here: Westchester County: Code of Ordinances

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.

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

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. 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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