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.