New York Bans Salary History Inquiries

Governor Andrew Cuomo recently signed the Salary History Bill into law. Effective January 6, 2020, the Salary History Bill will prohibit all New York State employers from inquiring about salary or wage history during the application, interview or offer stage, or retaliating against any person who refuses to provide information or complains about a violation of the Salary Ban Law. Employers are also prohibited from inquiring about salary history from an applicant’s current or former employers.

The salary history ban does not prohibit employees or prospective employees from voluntarily disclosing his or her salary history in salary negotiations or to justify a salary demand. In those circumstances, an employer is permitted to verify wage or salary history from a prior employer.

The bill applies to private, governmental and public employers. Further, the amendment specifically states that it shall not supersede any federal, state, or local law enacted prior to the effective date of the amendment that requires the disclosure or verification of salary history information to determine an employee’s compensation.