HR Alert

NYC Releases FAQs on Salary History Prohibition Law

New Requirements Begin October 31, 2017

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

The FAQs address (among other things) the general scope of coverage under the law, permissible and prohibited employer conduct, how "compensation" is defined, and best practices. The FAQs are available by clicking here.

Overview of NYC's Salary History Law
Under the NYC salary history law, employers are generally prohibited from:

  • Inquiring about an applicant's salary history; or
  • Relying 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. Fact sheets are also available for employers and applicants.

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