Pay transparency and salary history bans - New York

Pay transparency

The New York State Pay Transparency Law requires all job, promotion, or transfer opportunities that are advertised by an employer to include a salary, hourly rate, or range of pay. This law applies to employers with four or more employees. It applies to all job, promotion, or transfer opportunities that will be physically performed, at least in part, in New York state. The law also applies to jobs performed outside the state but that report to a supervisor or office in New York state.

Advertisements require a range of pay to be included, regardless of how or where they are posted.

Salary history

New York employers may not seek or require the wage or salary history of a job applicant or a current employee. Employers may not rely on salary history to determine whether to interview, to offer employment or promotion, or to determine the rate of pay for the applicant or employee.

Related information

• Equal Pay Act – New York
• Employment Applications - New York

Citations

• NY Labor Law Chapter 31, Article 6, 194-b
• Title 12 NYCRR Chap II Subchapter G Part 194-2
• NY Labor Law Chapter 31, Article 6, 194-a
• 29 CFR 1620, The Equal Pay Act
• 29 CFR 1621, Procedures — The Equal Pay Act