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Update to NYC Salary History Inquiry Ban

In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting New York City employers from inquiring about a prospective employee’s salary history during the hiring process. At the time, it was awaiting Mayor de Blasio’s signature. On May 4, 2017, Mayor de Blasio signed the proposed amendment into law. It is now scheduled to take effect on October 31, 2017.

As we previously reported, the salary inquiry ban prohibits employers from asking about an applicant’s prior or current salary, benefits or other compensation; relying upon an applicant’s compensation history in offering or setting compensation; and using the applicant’s salary history to set the applicant’s compensation. Employers are permitted to discuss with an applicant his or her expectations about salary, benefits and other compensation and inform the applicant about the employer’s proposed or anticipated salary or salary range. In addition, if the applicant “voluntarily and without prompting” discloses salary history, an employer can verify the salary history. Further, an employer may inquire about compensation history if a federal, state or local law authorizes such inquiry.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VII, Number 143
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About this Author

Kevin J. Smith, Labor Law Lawyer, Sheppard Mullin Law Firm
Special Counsel

Kevin Smith is a special counsel in the Labor and Employment and Litigation Practice Groups in the firm's New York office.

Areas of Practice

Mr. Smith acts as trial and litigation counsel for all types of civil litigation, including employment, commercial, securities, and class action litigation before arbitral forums, state and federal courts, and local administrative and regulatory agencies.

In the labor and employment arena, Mr. Smith routinely represents management in discrimination, harassment, retaliation, whistleblower and compensation disputes...

212-634-3052
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