Pay Equity Co-Chair Explains New York’s Ban on Salary History

Job applicants’ salary history can’t be required by New York employers under a new state law aimed at promoting pay equity by gender and race. The law – effective Jan. 6 – makes New York one of 13 states plus Puerto Rico that restrict both government and private-sector employers’ ability to use salary history queries. Cheryl Pinarchick, co-chair of Fisher Phillips’ Pay Equity practice, spoke with Bloomberg Law about why these laws raise the risk for litigation for employers. “This is a big issue right now with multistate employers,” she said, “since the requirements vary by state and city. Our recommendation has been to take a look at your hiring practices to eliminate that salary history question wherever possible even in locales where it isn’t legally required now.” 

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