M. Inquiries Concerning A Prospective Employee'sSalary History

• Jurisdiction: New York

M. Inquiries Concerning a Prospective Employee's Salary History

Effective January 6, 2020, New York State amended its Labor Law to prohibit employers from inquiring into an employee's wage or salary history in (1) determining whether to offer employment to such individual, or (2) determining the wages or salary for the individual.²¹¹ Employers are also prohibited from requesting or requiring the wage or salary history of an applicant or current employee, orally or in writing, as a condition for a job interview, job application, or a job promotion. The new state law, however, does not prevent an employee from voluntarily disclosing wage or salary history, as long as the employer does not coerce or prompt the employee to do so.²¹²

The state law...