Suffolk, Albany, and Westchester Counties’ Laws on Seeking Salary History from Employees and Job Applicants
For starters, as codified under Suffolk County Code § 528-7(13), employers are prohibited by Suffolk County from seeking information about the salary or wage history of a job applicant or depending on such salary and wage history as the basis for setting the individual’s salary or wage rate at any stage of the process of employment.
Elsewhere, as codified under Albany County, NY, Local Law No. P for 2016, all employers in Albany County are prohibited by the County from requesting salary and wage histories from job applicants or using such histories as the basis for screening applicants until the employer has made an employment offer with compensation and the applicant has, through written authorization, provided prior salary or wage information in response to the offer of employment.
Lastly, as codified under Westchester County, New York Local Law 1-2018, ¶ 9, employers and their agents are prohibited by Westchester County from seeking, requesting, asking as a requirement, or relying on information concerning the wage history of a prospective employee during the process of interviewing and hiring.
With that, we have concluded our discussion on “Screening and Recruiting,” which encompasses important considerations for start-ups and growing businesses and companies in New York.
In our next blog post and Part XX of the series, we will shift gears to review, in our blog titled “New Employee Hiring & Onboarding: Filing & Reporting Requirements,” what employers in New York need to know, be aware of, and consider when it comes to “Hiring and Onboarding New Employees” as the next key issue of concern for start-ups and growing businesses and companies.
As usual, stay tuned for more legal guidance, training, and education.
In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.