New York Employment Law Update – November 2016

New York

NYC – Use of Wage History Information

On November 4, 2016, New York City (NYC) Mayor Bill de Blasio signed Executive Order 21 prohibiting city agencies from inquiring about the salary history of job applicants prior to a conditional offer of employment.

Specifically, the order provides that, prior to making a conditional offer of employment, NYC agencies cannot seek to obtain information about an applicant’s salary history either through direct questioning of an applicant or through searches of public records. An applicant’s salary history includes prior wage, salary, benefits, or other compensation. The order permits city agencies to inquire about previous salary only after making a conditional offer of employment that includes the salary for the job, and solely for the purpose of evaluating an applicant’s representations about his or her prior employment, such as degree of responsibility or breadth of role.

The order goes into effect on December 4, 2016.

Read Executive Order 21