Following New York City, New York State has now amended New York’s Labor Law to ban employers in all of New York State from inquiring about a job candidate’s wage or salary history or current employee’s salary or wage history as a condition of employment, a condition to receive an interview, a condition of an offer of employment, or a condition for continued employment or promotion. In addition, employers are prohibited from relying on salary or wage history in determining whether to offer employment or in determining what wages or salary to offer an applicant. The law also prohibits retaliation against an individual for refusing to provide wage or salary history, or for filing a complaint with the New York State Department of Labor. Governor Cuomo signed the bill into law on July 10, 2019, and the law takes effect on January 6, 2020.
Employers hiring in New York State should review all of their hiring practices and employment applications to ensure they comply with this new law, and train all HR staff and hiring managers on the law’s legal requirements.