NYC releases fact sheets on upcoming salary history inquiry ban

With the Oct. 31, 2017 effective date fast approaching, the NYC Commission on Human Rights recently released two fact sheets that address applicants’ rights and employers’ responsibilities under the new law which will prohibit private employers in the city from asking job applicants about their salary histories.

The job applicant fact sheet can be found here and the employer fact sheet can be found here.

The fact sheets include additional guidance on who is covered under the law. Namely, the law will cover nearly all applicants for new employment in New York City, including full-time and part-time applicants, interns and independent contractors without employees; however, the law will not apply to applicants for internal promotion or transfer with their current employer and applicants for positions with public employers for which compensation is set pursuant to a collective bargaining agreement.

Additionally, if an applicant voluntarily discloses his or her salary history unprompted, the employer may consider salary history in determining the prospective employee’s salary.

Employers should review these documents and ensure their applications are in compliance with the new law and inform recruiters, hiring managers, HR staff and others involved in the interview and hiring process of these new requirements prior to the Oct. 31 effective date.

Employers can find more information on NYC’s salary history ban in our previous News to Note article here.

Source: Jackson Lewis P.C., 10/2/2017

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