NY A00769

Employers are prohibited from requiring employees to refrain from inquiring about, discussing, or disclosing information about their own wages, benefits, compensation, or other employees' wages.

Employers cannot screen job applicants based on wage or salary history, including by setting minimum or maximum wage criteria, or require applicants to disclose prior compensation as a condition of interview or continued employment consideration.

Employers are forbidden from seeking salary history information from current or former employers, except that prospective employees may voluntarily authorize wage verification only after a job offer with compensation has been made.

Employers cannot discharge or retaliate against employees for opposing unlawful practices under this law, filing complaints, testifying in proceedings, or disclosing and discussing wages.

Employers cannot contract with employees to circumvent these requirements, though human resources and other employees with access to compensation information may be restricted from disclosing it without written consent, unless the information is public.