According to guidance issued by the New York Department of Labor, the ban on salary history inquiries covers not only the most recent salary or pay rate the applicant received from a prior employer, but any information about prior compensation and benefits. It also prohibits an employer from relying on an applicant’s salary history information as a factor in determining whether to interview or offer employment at all or in determining what salary to offer. Employers should remove or modify hiring and recruitment documents and practices that seek information about an applicant’s prior salary, compensation package or benefits.
