Did you know that as an employer in New York City looking for your next star employee, some of your old time-honored traditions of hiring are no longer allowed? Specifically, you are no longer allowed to ask for salary info and criminal history in your hiring search. NYC, long known for its progressive laws, has made it illegal for employers to ask for this type of info. These types of laws have made the hiring process a bit fairer for employees while the navigation of labor laws just a bit more difficult.
Under an amendment to New York City’s Human Rights Law, which started October 31, 2017, the city’s employers may no longer ask job applicants about their salary history. In a move against discrimination and wage inequality, this long time staple of hiring is no longer legal in NYC. The amendment also includes bans on employers researching applicants' salary history and from considering salary history when setting or negotiating applicants’ pay. As an employer, we can help you understand and navigate this change and notable exceptions.
In a further example of championing of equal rights, NYC also passed a so-called “ban the box” law joining the growing list of jurisdictions with the same protections. The enactment of the Fair Chance Act on October 27, 2015 makes it illegal to base employment on the basis of criminal records where such background is not otherwise relevant for employment purposes. Under this legislation, employers may not have a requirement that the applicant check a “box” on an employment application if they have been convicted of a crime or have a pending arrest, directly ask the applicant about any criminal history, or search any publicly available sources of information for any information about an applicant’s criminal background. Also, unless otherwise required by applicable law, employers may not include in a job posting that a criminal conviction could impact an applicant’s chances of employment. With California becoming the tenth state to enact this legislation in 2018, this law is here to stay. Our team of experts can show you how how to best comply and deal with this in your hiring practices, especially If you find yourself in a locale that has overlapping rules for state and municipality.
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About the author
As the founder of Advisable, Gregg Perez combines his love and passion to help law firms, start-ups, and companies of varying size reach their best potential with the experience gained from working with Fortune 500 companies, law firms, and start-ups. As an Administrator, COO, VP and consultant, he brings years of consulting and real life experience to the table for his clients. Gregg is also a former US Army Cavalry Scout and once beat Contra without the Konami Code.