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 private NY employers?
Yes and no. As of January 2018, there is no NY State law prohibiting
private employers from inquiring about or requiring salary history
information from prospective employees. But, Mayor de Blasio signed a
bill into law that went into effect in October 2017, making it an
unlawful discriminatory practice for NYC private employers to ask for
salary history information from an applicant or an applicant's current
or former employer. NYC private employers are prohibited from
conducting any form of search through publically available information
for a prosective employee's salary history, and may not consider an
applicant's salary history in determining the salary, benefits or other
forms of compensation for that applicant.