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New York prohibits pay history inquiries

08/01/19

Author: ADP Admin/Tuesday, July 30, 2019/Categories: Compliance Corner , State Compliance Update, New York

The state of New York has enacted legislation (Senate Bill 6549) that will prohibit employers from asking about applicants’ pay history.  Senate Bill 6549 takes effect January 6, 2020. 

Senate Bill 6549 prohibits employers from:

·      Relying on an applicant’s pay history in determining whether to offer employment or in determining the applicant’s pay.

·      Seeking, requesting, or requiring an applicant’s or current employee’s pay history as a condition to be interviewed or considered for an offer of employment, or as a condition of employment or promotion.

·      Seeking, requesting, or requiring an applicant’s or current employee’s pay history from a current or former employer or employee.

·      Refusing to interview, hire, promote, or employ, or otherwise retaliating against an applicant or current employee because of their:

o   Pay history.

o   Failure to provide pay history.

o   Filing of a complaint with the New York State Department of Labor alleging a violation of the law.

Exception:

An employer may confirm pay history only if an applicant or current employee responds to a job offer by providing pay history information when trying to negotiate for more pay than what was offered by the employer.

Compliance Recommendations:

New York employers should review their hiring procedures and remove pay history questions from their application forms and interviews. Anyone involved with screening or interviewing applicants should also be trained on the law.

 

Please contact your dedicated service professional with any questions.

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