Salary inquiries of prospective employees are set to become a thing of the past. A new legislation that was signed into law earlier this year by Mayor De Blasio will soon go into effect on October 31, 2017. The legislation will prohibit employers from questioning its job applicants about their salary history in an attempt to curb gender pay issues by lowering the possibility of women being negatively impacted by their previous salary levels. The New York City Commission on Human Rights has released fact sheets to help employers and job applicants better understand this law.
The legislation will affect businesses large and small. Even if the company employs just one employee it must refrain from having salary inquiries as part of their hiring process. In addition to refraining from asking about an applicant’s salary history, the law prohibits an employer from searching public records for this information. The law’s coverage is expansive and will protect a large group of employees including those who are full-time, part-time, interns, and independent contractors without employees.
The city’s Commission on Human Rights will help investigate complaints made about salary inquiries by job applicants. If the findings can conclude that a company broke the law, they may be required to pay damages or a fine. Companies are expected to make changes and review their hiring process leading up to the effective date in order to be in compliance by October 31st. If you or a loved one have questions about this law or feel a prospective employer may have looked into your salary history, do not hesitate to contact an employment lawyer. Fitapelli & Schaffer, LLP offers a free phone consultation and has representatives available to address your concerns. We can be reached at (212) 300-0375 or you can visit our webpage for more information.