NY S6549

2019 | Fair Pay, Prior Salary

STATUS: Enacted

Prohibits private-sector employers from asking about or relying on the prior salary of applicants or current employees, with some exceptions.

Effective January 6, 2020, this law prohibits private-sector employers from seeking, requesting, or requiring wage or salary histories of job applicants or current employees for their wage or salary history as a condition of consideration for employment or promotion, and from asking other employers for that information. Employers also cannot refuse to consider, employ or promote an applicant or current employee based on their salary history or their refusal to provide their salary history. The law also prohibits employers from relying on salary history in setting an applicant’s pay rate, but does not prohibit individuals from voluntarily disclosing such history, including for the purpose of negotiating their wages. The law allows an employer to verify an individual’s history if the applicant rejects an existing offer of compensation while citing to his or her prior salary.

Read the full bill.