Can Prospective Employers Ask About Salary History?
So you are thinking about applying for a new job? How long has it been since you went through the hiring process at your current job? There is one thing that has changed about the hiring process, something you should know about going forward.
Have you ever been asked to supply your previous salary information when applying for a new gig? As of January 6, 2021, this is information that a prospective employer is no longer legally allowed to ask for.
Here is the exact wording of the law:
Labor Law Section 194-a prohibits an employer from, either orally or in writing, personally or through an agent (directly or indirectly), asking any information concerning an applicant’s salary history information. This includes compensation and benefits. The law also prohibits an employer from relying on an applicant’s salary history information as a factor in determining whether to interview or offer employment at all or in determining what salary to offer. Please note that additional protections under local laws may also apply.
You can expect to be asked about your salary expectations, but not about what you have previously earned, even if you are currently employed by a company and simply seeking an advanced position.
This new law is for all public and private employers throughout the State of New York.
If you think there is an employer or perspective employer who has or is attempting to violate this new law, you can take civil action against them or you can contact the NYS Department of Labor.
For additional information on the New York State Salary History Ban, click here.