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.