As we previously reported, the New York City Council recently passed a bill restricting an employer’s ability to ask job applicants about their salary, benefits, or other compensation history during the hiring process. As expected, on May 4, 2017, New York City Mayor Bill de Blasio signed the legislation, meaning that the law will be effective as of October 31, 2017.
New York City employers should consider complying with the law prior to its effective date on October 31, 2017. As we previously noted, this law was incorporated under the New York City Human Rights Law, which means employers that violate this law may be liable for compensatory damages (including back pay, front pay, and emotional distress), uncapped punitive damages, attorneys’ fees, and potential class litigation.
We will continue to monitor this law regarding any guidance from the New York City Commission on Human Rights.