You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot-high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six.

We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether be it for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

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In this regard, this blog is Part XIX of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XVIII, we hammered on what New York State Law says about running credit checks on employees and job applicants and noted that if an employer is anywhere else other than New York City, then they may seek consumer credit information and use the same for the purposes of employment. We also said that however, any employer who wishes to request for credit report for the purposes of employment is required, under the FCRA (Fair Credit Reporting Act) and as codified under 15 U.S.C. § 1681d, to (1) certify that the reports will not be used for other purposes, (2) certify the purpose for which they are requesting the reports, and (3) identify themselves.

As we move forward with this series, we have, in our blog titled “New York Law on Seeking Salary History from Job Applicants,” hammered on what the NYCHRL and State laws say about requesting salary or wage information from employees and job applicants.

New York Law on Seeking Salary History from Job Applicants

Both the City and State of New York have laws that dictate whether employers should seek salary history information from job applicants or not.

On the one hand, as codified under N.Y.C. Admin. Code § 8-107, subd. 25, employers are generally prohibited by the NYCHRL from inquiring into and seeking the salary history of a job applicant or depending on such history as the basis of negotiating or determining employment. It is critical for employers in New York City to understand that any information inquired regarding bonus compensation and current and/or past salary or wage reports, including benefits such as medical benefits, is considered salary history. However, the law permits employers to make hiring decisions after verifying and relying on salary history information, as long as such information is voluntarily disclosed by the job applicant but without the influence or persuasion of the employer.

On the other hand, New York State prohibits employers from seeking and/or depending, during the interviewing and hiring process, on the salary or wage history of current employees or job applicants as the basis of employment. Furthermore, New York also prohibits employers from retaliating against employees or job applicants on the basis of salary history or wage information. However, the law also provides that without employer influence or prompting, an employee or job applicant may, voluntarily, disclose or verify salary history and/or related wage information. Pursuant to N.Y. Lab. Law § 194-a, an employer is permitted to confirm the applicant or employee’s salary or wage history once the former has made an employment offer with compensation and the latter has provided salary or wage information in response to the offer of employment.

In Part XIX of this series and our blog titled “Seeking Salary History in Westchester, Albany, & Suffolk Counties,” we will hammer on what the law in Westchester, Albany, & Suffolk Counties says about inquiring into job applicant’s salary history, which is another key employment issue that significantly affects start-ups and growing businesses and companies in New York.

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.