A bill in the New York State Legislature would prevent employers from questioning job seekers about their salary expectations and permit job seekers to ask about employee benefits offered with the position.

Quick Hits

• A bill in the New York State Assembly would prohibit employers from inquiring about applicants’ salary expectations.
• The bill also would prohibit employers from refusing to interview, hire, or promote workers based on their stated salary expectations.
• New York law already prohibits employers from asking for an applicant’s salary history.

The bill, 2025-A1289, would also prohibit employers from relying on pay expectations that the applicant voluntarily shares in determining whether to offer employment and how much to pay the individual. Many states have enacted similar laws in recent years, aiming to promote pay equity and close the gender and racial wage gaps.

The bill is currently in committee in the New York State Assembly.

The bill builds upon the existing New York salary history ban, which took effect in 2020, and which prohibits employers from asking applicants about their salary history. The bill would further restrict pre-offer compensation discussions by prohibiting inquiries into applicants’ salary expectations, the theory being that this further enhances pay equity and potential biases in the hiring process.

The bill would bar employers from requiring applicants to submit their salary expectations as a condition for securing an interview, being hired, or being promoted. Employers would also be prohibited from refusing to interview, hire, or promote a worker based on their stated salary expectations.

There are two clauses in 2025-A1289 that may seem at odds and cause confusion: one allows job applicants to voluntarily share their salary expectations, including for the purpose of negotiating their wages or salary; and the other prohibits employers from relying on that information when determining the compensation ultimately offered. While applicants retain the right to advocate for themselves, employers must ensure compensation decisions are based on objective, articulable, job-related factors, and not influenced by what applicants say they hope to earn. If the bill is enacted with those two clauses intact, employers may want to tread carefully, such as by listening respectfully, but building offers based on, for example, standardized pay structures and market data, and not applicants’ pay expectations.

Under 2025-A1289, employers would also be required to provide employment benefits information when requested. Unfortunately, the bill does not define “employment benefits.” Presumably, benefits such as health insurance, 401(k) plans, stock purchase plans, and commission structures would be included. It is less clear if other benefits, such as paid time off, discretionary bonuses, flexible work schedules, employee assistance plans, and tuition reimbursement, are included as employee benefits.

The bill would create a private right of action for an applicant or employee to bring a civil lawsuit for a violation by an employer. If successful, plaintiffs may be entitled to compensatory damages, potential injunctive relief and reasonable attorney’s fees.

Next Steps

If 2025-A1289 passes the state legislature and is signed by the governor, it would take effect nineteen days after it becomes law. The legislative session is scheduled to end on June 13, 2025.

Employers in New York must comply with current state law prohibiting questions about salary history. Additionally, some employers may need to confirm compliance with similar local laws, such as those in New York City, Ithaca, Albany County, Suffolk County, and Westchester County, and even laws of other states, if a position is remote.

Employers may want to be prepared to comply with the bill, if enacted, including by reviewing interview protocols, training hiring managers and recruiters, updating job descriptions, and generally ensuring that compensation and other employment decisions are based on objective, lawful criteria.

Leah J. Shepherd contributed to this article