NYS Employers Must Remove Salary History Questions from Job Applications and Interviews in Business and at Work

As a result of legislation signed by NYS Governor Andrew Cuomo on July 10, 2019, New York state now prohibits all employers, public and private, who do business in New York State, from asking prospective employees (job applicants) about their salary history and compensation.

Simply put, this new ban impacts the interview and hiring process in at least 2 key areas:

  • Employers must immediately remove all questions from their employment applications – online and hard-copy – requesting an applicant’s salary history; and
  • Employers cannot ask job applicants what their current and/or past salary / compensation is.

Employers may, however, ask job applicants what their salary requirement or expectation is.

Additionally, employers can provide job applicants with the job’s salary range, as is common with NYS public sector job openings.

How will you ensure compliance with New York state’s new salary history question ban, in business and at work?