As the October 31, 2017 effective date for the New York City salary history inquiry law fast approaches, the NYC Commission on Human Rights (the “Commission”) has issued two new fact sheets addressing applicants’ rights, and employer responsibilities, under the new law.  The first fact sheet is addressed to job applicants, while the second fact sheet is directed toward employers, recruiters and employment agencies.

As we previously reported, the new law will prohibit employers and their agents from inquiring about an applicant’s salary history, and/or relying on an applicant’s salary history in determining the compensation for that applicant during the hiring process, including as part of the negotiation of a contract.  Employers may, however, engage in discussion with applicants about their expectations with regard to compensation, including  unvested equity or deferred compensation that would be forfeited should the applicant leave a current position.  Employers may also consider prior salary information that is disclosed by an applicant voluntarily and without prompting.

The fact sheets largely reiterate the key requirements of the law.  However, they do provide some further guidance on issues relating to who is covered under the law, namely:

  • The law applies to all employers in New York City, regardless of size.  Thus, employers with at least one employee in New York City are required to abide by the restrictions of the law.
  • The law protects most applicants for new employment in New York City, including for full-time and part-time positions, as well as for internships.  The law also protects independent contractors who do not have their own employees.

We will continue to watch for further guidance from the Commission as the October 31 effective date of the law approaches.  In the meantime, employers should take steps to inform their recruiters, hiring managers, human resources personnel, and others involved in the interview and hiring process of the new requirements under the law.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.