ARTICLE
30 May 2017

Update To NYC Salary History Inquiry Ban

SM
Sheppard, Mullin, Richter & Hampton LLP

Contributor

Businesses turn to Sheppard to deliver sophisticated counsel to help clients move ahead. With more than 1,200 lawyers located in 16 offices worldwide, our client-centered approach is grounded in nearly a century of building enduring relationships on trust and collaboration. Our broad and diversified practices serve global clients—from startups to Fortune 500 companies—at every stage of the business cycle, including high-stakes litigation, complex transactions, sophisticated financings and regulatory issues. With leading edge technologies and innovation behind our team, we pride ourselves on being a strategic partner to our clients.
In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law ("NYCHRL") prohibiting New York City employers from inquiring...
United States Employment and HR
Sheppard, Mullin, Richter & Hampton LLP are most popular:
  • within Cannabis & Hemp and Insolvency/Bankruptcy/Re-Structuring topic(s)

In our prior post, we reported that the New York City Council had approved an amendment to the New York City Human Rights Law ("NYCHRL") prohibiting New York City employers from inquiring about a prospective employee's salary history during the hiring process. At the time, it was awaiting Mayor de Blasio's signature. On May 4, 2017, Mayor de Blasio signed the proposed amendment into law. It is now scheduled to take effect on October 31, 2017.

As we previously reported, the salary inquiry ban prohibits employers from asking about an applicant's prior or current salary, benefits or other compensation; relying upon an applicant's compensation history in offering or setting compensation; and using the applicant's salary history to set the applicant's compensation. Employers are permitted to discuss with an applicant his or her expectations about salary, benefits and other compensation and inform the applicant about the employer's proposed or anticipated salary or salary range. In addition, if the applicant "voluntarily and without prompting" discloses salary history, an employer can verify the salary history. Further, an employer may inquire about compensation history if a federal, state or local law authorizes such inquiry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More