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! New York State’s ban on salary inquiries went into effect on January 6, 2020

      Alerts

    Alert / Employment

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

    Jan 10, 2020

    LinkedInX (Twitter)EmailCopy URL

    As of January 6, 2020, all New York employers are now prohibited from inquiring into the wage or salary histories of current or prospective employees.

    DOWNLOAD

    New York salary history ban law (PDF)

    Following the lead set by several municipalities throughout the state, as of January 6, 2020, all New York employers are now prohibited from inquiring into the wage or salary histories of current or prospective employees.

    The New York Labor Law has been amended to prohibit several different types of wage-related inquiries and conduct, except where otherwise required by law, including:

    • relying on salary history in determining whether to make an offer of employment;
    • relying on salary history in determining an applicant’s or current employee’s pay rate;
    • seeking, requesting, or requiring (orally or in writing) an applicant’s or current employee’s wage or salary history as a condition precedent for an interview or consideration for employment or promotion;
    • seeking, requesting, or requiring (orally or in writing) an applicant’s or a current employee’s salary history, whether from the applicant or current employee directly or from the applicant’s or current employee’s current or former employer;
    • refusing to interview, hire, promote, employ, or retaliating against an applicant or current employee due to the applicant or current employee’s wage or salary history; and
    • refusing to interview, hire, promote, employ, or retaliating against an applicant or current employee who refuses to provide his or her salary history or because the applicant or current employee filed a complaint with the New York State Department of Labor about a violation of this law.

    It should be noted that the law does not apply to wholly voluntary disclosures by a job applicant or current employee. Indeed, the law explicitly permits job applicants and current employees to voluntarily disclose their own wage or salary history, without prompting from the employer. The law also permits employers to confirm wage or salary history at the time an offer of employment is made where the job applicant or current employee is providing such information to support a request for a higher wage or salary than is being offered by the employer. Notably, guidance recently promulgated by New York State suggests that a broad definition of “salary history” will apply, so employers must be cautious when inquiring into any aspect of an applicant’s or current employee’s prior compensation and benefits.

    Certain employers in New York City and Westchester and Suffolk Counties have already been subject to the types of restrictions set forth in this law. Now that the law is in effect, all employers in New York State should review and update, if necessary, their pre-employment and evaluation practices, procedures, and forms (such as employment applications) to comply with the requirements of this new legislation. Employers should also be sure to counsel supervisors, human resources personnel, and others involved in job interviews and evaluating employees for promotion regarding the responsibilities and restrictions imposed by this law.

    Locations

    AlbanyLong IslandRochesterNew York City

    Practices

    Labor, Employment & BenefitsLabor & Employment LitigationWorkplace Policies, Procedures & Training

    Insights And Happenings

    • Alert

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

      Jan 22, 2019
    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