Statewide Legislation

❌ 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 270 days after signature.


Local Ordinances

  • Albany County

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

    • 📝 On October 11, 2022, the Albany County Legislature passed a law requiring employers to post the minimum and maximum salary or hourly wage for any job posting, promotion or transfer in Albany County. If the legislation is signed by the Albany County executive, it will take effect 90 days thereafter.

  • Ithaca

    • 📌 You must disclose the minimum and maximum salary or hourly wage for all job openings, promotions and transfer opportunities

      • Affects employers with four of more employees, “whose standard work locations” are in Ithaca

  • 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

      • Affects employers with four of more employees

      • Does not cover jobs that cannot, or will not, be performed in the city

      • Requires an hourly pay or annual salary amount—either a fixed amount such as $20 an hour or a minimum and maximum such as $50,000 to $60,000. An open-ended range such as “$15 per hour and up” won’t comply with the law.

      • No requirement to include a description of benefits, bonuses, commissions, or other compensation.

  • 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

    • 📌 You must disclose the minimum and maximum salary or hourly wage for all job openings, promotions and transfer opportunities

      • Affects employers with at least four employees

      • Jobs “are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely.”

      • The Westchester law states that it “shall be null and void on the day that Statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent State or federal administrative agency issues and promulgates regulations preempting such action by the County of Westchester.”


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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