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2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

NEW YORK STATE SALARY HISTORY BAN

Effective January 6, 2020, New York dealers can no longer ask applicants or employees, directly or indirectly, any information about their salary history. Dealers are also prohibited from relying on the salary history when deciding whether to offer employment or when determining what wages to offer someone. Dealers should review their job applications and hiring processes to ensure they are compliant with this law. For example, they should make sure there are no salary history questions on dealership job applications.

Below is a FAQ to help you understand what you can and can’t do under the new law.

Q: A:

DOES THIS LAW APPLY TO CURRENT EMPLOYEES?

Yes. Dealers can’t ask for salary history information from current employees as a condition of being considered for a promotion. They may consider information already in their possession (i.e. a current employee’s dealership salary or benefits) but may not ask that employee about pay from other jobs.

Q: A: Q: A:

CAN A DEALER ASK SOMEONE ELSE ABOUT THE APPLICANT’S SALARY HISTORY?

No, dealers cannot find out salary information by asking former employers or anyone else.

WHAT IF THE APPLICANT SHARES THEIR PRIOR SALARY?

If an applicant shares their prior salary voluntarily, and without prompting, the dealer can confirm it, if, at the time a job offer and proposed salary are made, the applicant provides their prior salary history to show that a higher salary was in place.

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