One of the most important aspects of the law that bans salary history inquiries, which took effect on January 6, 2020, is that New York employers cannot ask job applicants to provide their wage or salary history as a condition of employment. In addition, current employees do not have to provide their salary history from any outside employers. The law also prevents businesses from seeking similar information from other sources.
This law is an important step toward bridging any existing gender wage gap in New York State.
For more information, visit ny.gov/salaryban and review form LS604 - Wage or Salary History Inquiries Prohibited.
The law on pay equity, which took effect on October 08, 2019, expands the definition of "equal pay for equal work." It prohibits unequal pay on the basis of a protected class for all substantially similar work. Former Governor Cuomo has called on businesses in New York to conduct internal reviews of their pay policies and make adjustments as necessary in accordance with the new law.
For more information, review form LS603 - Equal Pay Provision.
LS604 Wage or Salary History Inquiries Prohibited
Article 6, Section 194-a of the NYS Labor Law
Guidance on Pay Equity for Employers in New York State
Fact Sheet: Labor Law Section 194 makes it is unlawful for an employer to pay an employee less than an employee of the opposite sex for equal work.
File a Complaint
If you wish to file a complaint regarding pay history, complete form LS608.1 - Labor Standards Salary History Complaint Form.
If you wish to file a complaint regarding pay equity, complete form LS608.2 - Labor Standards Pay Equity Complaint Form.
Completed forms can be mailed to:
Division of Labor Standards
State Office Campus
Building 12, Room 266B Albany, NY 12226