Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. DON’T ASK! Suffolk County, New York, becomes latest jurisdiction prohibiting employers from asking applicants about wage or salary history

      Alerts

    Alert / Employment

    DON’T ASK! Suffolk County, New York, becomes latest jurisdiction prohibiting employers from asking applicants about wage or salary history

    Jan 22, 2019

    LinkedInX (Twitter)EmailCopy URL

    In what has become a national trend, Suffolk County, New York, is one of the latest jurisdictions to ban employers and employment agencies from inquiring into an applicant’s salary and benefits history or utilizing such information in setting an applicant’s or employee’s compensation.

    Late last fall, the Suffolk County Legislature unanimously passed the Local Law to Restrict Information Regarding Salary and Earnings (“RISE”) Act,[1] which makes it unlawful for Suffolk County employers and employment agencies with four or more employees to make verbal or written inquiries about a job applicant’s wage or salary history. According to the legislative history, RISE is designed to “break the cycle of wage discrimination and close the wage gap” that has historically impacted women and racial and ethnic minorities.

    Beginning June 30, 2019, it will be considered an “unlawful discriminatory practice” under the Suffolk County Human Rights Law for covered employers and employment agencies, as well as their agents and employees, to inquire about, or rely upon, an applicant’s prior or current salary information when setting compensation for an employee at any stage in the employment process. Notably, RISE appears to apply not only to the setting of initial compensation, but also to compensation decisions later in the employment relationship.

    “Salary history” includes current or prior wages, including compensation and benefits. Under RISE, unlawful inquiries include verbal or written requests to the applicant or his or her former employer, and searches of publicly available records or reports. Notably, however, RISE allows employers to disclose and verify an applicant’s salary history when such disclosure or verification is required under federal, state or local law. RISE also does not apply to the exercise of any right of an employer or employee pursuant to a collective bargaining agreement.

    An aggrieved individual may file an administrative complaint with the Suffolk County Human Rights Commission. If a covered employer or employment agency fails to comply with RISE, it may be subject to civil penalties of up to $50,000, or up to $100,000 if the violation is “willful, wanton or malicious.” A covered employer or employment agency may also be subject to a civil action by the applicant or employee. If found liable in a civil action, the employer could potentially be responsible for compensatory damages, back pay, attorneys’ fees and costs.

    Employers operating in Suffolk County, New York, should review their hiring procedures and pre-employment policies and practices to ensure that they are not violating RISE and exposing themselves to civil penalties and potential litigation. In addition, managers, supervisors and other employees who interview or make hiring decisions should be trained on the restrictions on making salary inquiries to ensure compliance with RISE.


    1. Suffolk County Code § 528-7(13).
      [Back to reference]

    Locations

    AlbanyLong IslandNew York CityRochester

    Practices

    Labor, Employment & BenefitsLabor & Employment LitigationWage-Hour Compliance & LitigationWorkplace Policies, Procedures & Training

    Insights And Happenings

    • Alert

      Don’t ask! New York State’s ban on salary inquiries went into effect on January 6, 2020

      Jan 10, 2020
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved