Governor Murphy’s
first official act upon taking office was to sign an executive order targeting
the wage gap between men and women working in NJ. Effective February 1, 2018, NJ
state agencies are prohibited from asking a job applicant for past wage history
unless or until a conditional offer of employment, including an explanation of
the overall compensation package, has been extended. State agencies may not investigate
or research prior salaries of applicants, but may request or verify current or
previous compensation information prior to a conditional job offer if an
applicant volunteers such information or if verification is required by
federal, state or local law. An agency that obtained salary history information
prior to the effective date is prohibited from using that information in any
employment decision unless required by law or collective bargaining agreement.
Q: Does NY have a similar law that applies to NY state agencies and NY state employees?
A:
In 2017, NY State banned state agencies from asking applicants for
their salary histories or from evaluating candidates based on what they
were paid in the past. Prospective state employees can only be asked to
provide the information after getting a job offer with
compensation.