As part of a nationwide trend to narrow the "wage gap" between various groups, the New York City Council passed a law forbidding employers from making any inquiries into the salary history of applicants, including directly questioning an applicant about his/her salary history and inquiring about the applicant's salary information from his/her current or prior employers (or agents of such employers).
The law also forbids New York City employers from relying on the salary history of an applicant in determining his/her salary, benefits or other compensation, unless the applicant voluntarily discloses his/her salary to the employer.
The New York City law does not apply to salary history inquiries by employers who may be required by law to obtain such salary history, or to applicants for internal transfer or promotion with their current employer. If salary history is inadvertently discovered through a background check, employers may not rely on such history to determine the applicant's salary or other compensation.
The new law goes into effect October 31, 2017.