![]() An employer, however, is prohibited from relying on prior salary to justify a pay difference between employees of different or various protected classes who are performing substantially similar work as this violates Section 194 of the Labor Law. ![]() Employers may not seek or obtain such information from a separate source of the information, such as by asking an applicant’s former employer.Īn employer may seek to confirm wage or salary history only if an applicant voluntarily discloses such information. May an employer ask someone other than the employee or applicant about the employee or applicant’s prior salary history? An employer may not, for example, pose an “optional” salary history question on a job application seeking a voluntary response. If an applicant voluntarily and without prompting discloses salary history information, the prospective employer may factor in that voluntarily disclosed information in determining the salary for that person. The Labor Law permits an applicant to voluntarily disclose their salary history information to a prospective employer, for example, to justify a higher salary or wage, as long as it is being done without prompting from the prospective employer. May an applicant voluntarily disclose salary history information to a prospective employer? Additionally, an employer may wish to proactively state in job postings that it does not seek salary history information from job applicants. For example, an employer should eliminate questions seeking an applicant’s current or past salary from all job applications, unless required by law. What should an employer do to comply with the new Section 194-a of the Labor Law?Īll employers should review their job applications and related processes and train hiring personnel to ensure compliance. For example, an employer may use an employee’s current salary to calculate a raise but may not ask that employee about pay from other jobs. a current employee’s current salary or benefits being paid by that employer). ![]() However, employers may consider information already in their possession for existing employees (i.e. Employers cannot request prior salary history information from current employees as a condition of being interviewed or considered for a promotion. This includes part-time, seasonal and temporary workers, regardless of their immigration status.ĭoes this law apply to current employees? Please note that additional protections under local laws may also apply.Īn employer may ask an applicant for their salary expectations for the position instead of asking what the applicant earned in the past.Īn “applicant” is someone who took an affirmative step to seek employment with the employer and who is not currently employed with that employer, its parent company or a subsidiary. 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. Effective January 6, 2020, 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. May a prospective employer ask an applicant about their current or past salary, compensation or benefits?
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