NYC Makes Compensation History Off limits for Prospective Employers

May 12, 2017 at 9:10 am Leave a comment

NYC Mayor Bill de Blasio signed a measure making it illegal for NYC employers to base a salary offer on an applicant’s salary history. This prohibition also makes it illegal to inquire about or research a prospective employee’s compensation history. It takes effect in 180 days. Let’s face it this is the type of measure that makes so many employers breath a sigh of relief that they don’t work in NYC.

Here is some of the language; It will be illegal “to rely on the salary history of an applicant in determining the salary, benefits or other compensation for such applicant during the hiring process, including the negotiation of a contract.” Employers can however discuss the compensation that comes with the job.

Incidentally this measure does not extend to union contracts. What a surprise.

With over half of the Assembly comprised of NYC democrats passage of this measure will provide a further impetus to impose this mandate on the rest of the state. For example Assemblyman Crespo, who has proposed a statewide measure, praised passage of the measure.

Entry filed under: General.

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Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

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