❌ You cannot:

  • Request previous salary / wages / benefits information

  • Screen based on compensation history

  • Rely on salary history in deciding whether to extend an offer or determine salary

  • Seek, request or require salary history for interview, employment, and/or promotion

  • Retaliate against an applicant who refuses to disclose salary history

  • Pose “optional” salary history questions on a job application

✅ You can accept and/or verify voluntarily disclosed salary history for purposes of negotiating salary

📝 New York State lawmakers passed Senate Bill S9427 requiring employers to disclose salary ranges and job descriptions in job postings. The bill is currently awaiting signature by the governor. Assuming it's signed, the bill would take effect March 2023.

Local Ordinances

  • Albany County

    • ❌ Cannot request salary history until after an offer is made

  • NYC

    • ❌ Cannot use salary history in setting pay

    • ✅ Can have discussions about salary or compensation “expectations”

    • 📌 You must disclose the minimum and maximum salary or hourly wage for all job openings, promotions and transfer opportunities (effective date extended to November 1, 2022)

      • Affects employers with four of more employees in NYC. Does not cover jobs that cannot, or will not, be performed in the city

  • Suffolk County

    • ❌ Cannot search publicly available records or rely on known salary history to set pay

  • Westchester County

    • ❌ Cannot rely on salary history, unless voluntarily disclosed and used to support a higher wage than originally offered

The following sites provide additional resources and information.

The resources available here are for informational purposes only and do not constitute legal advice or opinions. For legal advice, please consult with your employment counsel directly.

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