GNYADA 2019 Membership Directory & Services Guide

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NYC, WESTCHESTER, AND SUFFOLK BAN EMPLOYERS FROM ASKING APPLICANTS’ SALARY HISTORY

Employers in New York City, Westchester, and Suffolk can no longer ask about an applicant’s salary history during the hiring process. However, in NYC and Westchester, if the applicant volunteers their salary history unsolicited, or to support a request for higher wages, the employer may consider it when setting salary, benefits, and other compensation. Dealers cannot: • Rely on already known salary history to determine salary, benefits, or other compensation; • Ask questions or make statements, even in writing, that could cause an applicant to divulge their former salary; • Ask applicants’ prior employers or coworkers for information about previous job salary (in Westchester, employers may confirm wages an applicant has told them, as long as they have written authorization to do so); • Search publicly available records or reports to determine an applicant’s salary history.

Laws against asking for applicants’ salary history are expected to spread throughout the state; the Association will communicate any changes to its member s.

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