NYC Salary Ban

May 31st, 2017 | Sterling

On May 4, 2017, Mayor Bill de Blasio signed NYC 1253-A, a new law prohibiting employers from inquiring about a prospective employee’s salary in New York City. The law will become effective on October 31, 2017. Please see below for a summary of this new law.

This law will make it an unlawful discriminatory practice for an employer, employment agency or agent to do the following:

• Inquire about the salary history of an applicant in writing or any other manner, from a former employer or any other source
• To rely on salary history of an applicant in determining the salary or other compensation for an applicant in any stage of the employment process unless the applicant willingly and without an inquiry discloses such information
• If an applicant voluntarily discloses their salary history, the employer may then use the information to determine the applicant’s compensation and may then verify the information

This bill does not apply to the following:

• An employer, employment agency or agent that is authorized by law to request or verify the salary history of an employee
• Applicants with their current employer who are applying for an internal transfer or promotion
• Any attempt to verify nonsalary related information or conduct a background check that reveals an applicant’s salary history should not be relied upon for determining salary or other compensat

ion

• Public employees for which salary and compensation are determined by collective bargaining

The full text of the bill can be located here.

The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.

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