Effective October 31, 2017, it is illegal for public and private employers of any size in New York City to ask about an applicant’s salary history during the hiring process. The law prohibits employers from asking applicants about their current or prior earnings or benefits; asking current or former employers or their employees about an applicant’s current or prior earnings or benefits; searching public records to learn about an applicant’s current or prior earnings or benefits; or relying on any such information in determining an applicant’s compensation.
While this seems stringent, employers are not completely prohibited from talking numbers with applicants. Employers may still inquire generally about what an applicant’s expectations or requirements for salary, benefits, bonus, or commissions. And employers may also make statements to applicants about the anticipated salary, salary range, bonus, and benefits for a position.
More information about NYC’s salary history ban can be found here.