News and Articles

Legal Update - November 2017 Newsletter

Yogi Patel - Thursday, November 02, 2017

Dear valued clients and supporters: This month's newsletter will focus on a significant law that impacts most NYC employers and employees that went into effect as of this morning (October 31, 2017).

NYC Salary History Law

Subdivision 25 to the NYC Administrative Code (Section 8-107) went into effect this morning. Under this new law, employers are prohibited from inquiring about or relying on a prospective employee's salary history prior to making an offer. As a practical matter, this new law changes how salaries are typically set and negotiated. The law is complex and broad reaching. Not only does it apply to direct employers, but agents, recruiters and headhunters. The liability flows through to all parties involved in the hiring process.

The law governs compensation broadly, meaning what type of questions an employer may ask about the prospective employees unvested equity, deferred compensation, commission, bonuses or percentage of profit - in connection with their prior employment - before making an offer of their own. The law does not place restrictions on how an employer may utilize prior salary history if it is "volunteered" by the prospective employee, however, the law prohibits the employer from "prompting".

The New York City Human Rights Commission is charged with enforcing the law and the penalties for violating the Act can include a civil penalty of $250,000.00, compensatory damages, attorney fees, hiring or reinstatement, award of back and front pay.

In order to comply with the law, employers should consider focusing questions on an applicants’ salary demands, skills, and qualifications during the hiring process instead of questions about prior compensation; Consider revising job applications and other forms to ensure that the form does not include questions about applicants' salary history (even if such questions are framed as "voluntary"); And finally appropriately train interviewers and modify written polices prohibiting inquiries about applicants' salary history.

For employers that engage headhunters, recruiters or agents - and intend on relying on representations made by headhunters, recruiters or agents that the applicant has consented to the disclosure of the applicant's salary history when engaging in negotiations on behalf of the applicant, employers should consider obtaining written authorization of release of salary history information directly from the prospective employee before relying on the representation of headhunter, recruiters or agents to mitigate their liability.

Employees should consider utilizing this law to their benefit when engaging in salary negotiations. Some employees, specifically executives whose compensation includes stock options and vesting restrictions may voluntarily discuss the impact of their prior employer's policy on their compensation pertaining to options - without "volunteering" other aspects of their compensation (base pay, commission, bonus).

Employees who are faced with impermissible questions about salary history, during the heat of the moment, might consider responding as follows (suggested by NYC Human Rights Commission):

  • In response to a question about what you currently make, you can reframe the issue in terms of your salary expectations or demands and not disclose your salary history.
  • Indicate that you’d like to discuss your compensation based on the requirements and responsibilities of the job for which you’re applying, which may differ from your prior work.
  • Reframe the question to focus on the value you can bring to the job and what you can add to the company, rather than on what you made previously.

Readers are encouraged to follow us on Twitter (@lloydpatelllp) and Facebook to receive updates on these and other issues throughout the month.


Recent Posts


Tags

Trade Secrets Department of Labor #meToo Nobel Prize Transgender protections Attracting Investment Facebook Privacy and Litigation Business Law Credit Executive Severance Corporate Law Unionization workplace discrimination Public-Sector Union Fees Fair Labor Standards Act Glatt v. Fox Searchlight Pictures Worker's Rights Credit Checks Employee Salary Histories Mandatory Class Action Waivers Credit History Immigration Status Minimum wage Apple vs. FBI Unions Browning-Ferris Case entrepreneur Federal Contractors graduate students Selling Business stocks Arbitration Agreements Business New Address U.S. Department of Labor Domain Name NLRB NY payroll law Negotiating Non-Qualified Stock Options Interview Series AirBnB Interns Womens Rights Sexual Harassment New York City Human Rights Law Overtime Rules Joint-Employer Relationship Illegal rentals Right to Unionize Human Rights Law Wage Theft Protection Act National Labor Relations Act Overtime Exemptions Household Employees Paid Family Leave Alter-Ego Doctrine Independent Contractor Sexual Harassment policy Divorce Fair Pay and Safe Workplace Executive Order Employment Offer/Agreement commuter benefits I-9 Verification NYC Sexual harrassment law Employer Mandate Nanny Audit ACA Security National Labor Relations Board Newsletter Technology Fair Workweek Law Real Estate Law Executive Negotiation Health Care Prenup Affordable Care Act Hairstyle Discrimination Firm Announcements Fair Work Week Legislation Federal Acquisition Regulatory Council New York Earned Sick Time Act NYC Salary History Law Internet Law Lactation Law Employment Contracts Employment Law Start-up Ventures NQSO Freelance Isn't Free Fair Chance Act Web Domains Trade Secrets Act Criminal Record Interns as Employees Glatt v. Fox Searchlight Pictures, Inc. LinkedIn Privacy Postnup Intellectual Property Pregnancy Housing Law Trademark licensing Trademark Law Ban the Box $15 Minimum Wage Payroll Scams

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.