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NYC Releases Fact Sheets on Salary History Prohibition Law

New Requirements Begin October 31, 2017

New York City has released a set of fact sheets in anticipation of a new local law that prohibits employers from asking about or relying on salary history during the hiring process.

Fact Sheets 
The City has released a fact sheet for employers and another for job applicants. The fact sheets present key points from the law, including business coverage, protected applicants, prohibited employer conduct, permitted employer conduct, and consequences for violating the law.

Both fact sheets may be downloaded by clicking here.

Summary of NYC Salary History Law
Under the NYC salary history law, it is generally an unlawful discriminatory practice for an employer:

  • To inquire about an applicant’s salary history; or
  • To rely on an applicant’s salary history in determining the salary, benefits, or other compensation for such applicant during the hiring process (including the negotiation of a contract).

An employer may — without inquiring about salary history — engage in discussion with the applicant about his or her expectations with respect to salary, benefits, and other compensation.

The local law takes effect on October 31, 2017. Affected employers are advised to review the full text of the local law for exceptions and additional provisions.

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