Law Blog

New York State Enacts Law Banning Salary History Inquiries Goes Into Effect

The New York State Law Banning Salary History Inquiries

On July 10, 2019, Governor Andrew Cuomo signed into law a bill that will impact employers in New York with regard to inquiries asked of potential employees during interviews. The new law, effective January 6, 2020, will prohibit employers in New York from inquiring about an applicant’s salary history (including compensation and benefits) and from depending on that applicant’s previous wage or salary when deciding whether to extend a job offer or determining what that applicant’s prospective pay would be. This amendment to the New York Labor Law, specifically Labor Law Section 194-a, further prevents an employer in New York from seeking such information from the applicant’s previous employer. Moreover, employers are banned from retaliating against applicants or employees who refuse to disclose such information. If an applicant believes that an employer violated this law, he or she may bring a civil court action or can contact the Division of Labor Standards.

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Can My Current Employer Fire Me for Interviewing with Another Company?

Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

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