New York
In the state:
1. Is there an existing salary history ban (prohibiting employers from asking about prior salary(ies))? If so, what is the name of the State law that establishes that ban?
Yes. In accordance with the Labor Law Section 194-a, it is unlawful for an employer to ask about an applicant's salary history, whether orally or in writing, directly or indirectly.
2. Is there a legal obligation to publish salaries when advertising roles internally or externally? If so, what is the requirement and what is the name of the State law that establishes that requirement?
Yes, there is a legal obligation in New York State for businesses with three or more employees to include specified information in advertisements for internal and external job, promotion and transfer opportunities, including the compensation or range of compensation applicable to the post, as well as the job description for the position if one exists. The law that establishes this requirement is Labor Law Section 194-B, also known as the Pay Transparency Law.
3. Is there a duty on employers to report on any gender pay differences? If so, what is the name of the State law that establishes that duty?
No.
4. Is there a duty on employers to report on any other pay (eg. ethnicity or disability etc.) differences? If so, what is the name of the State law that establishes that duty?
No.
5. Are employers required to take steps to reduce any identified pay gap?
Labor Law Section 194 addresses pay equity by prohibiting employers from paying employees less than those of the opposite sex for equal work. The New York State Human Rights Law also prohibits discrimination in employment based on race, national origin, disability, and other protected categories. Employers can therefore face liability if they fail to take steps to reduce any pay gap in circumstances where such differences cannot be justified on non-discriminatory factors.
6. Where there is a duty to report on any pay difference:
- What is the required frequency of reporting? N/A.
- What are the requirement triggers (e.g. employee headcount)? N/A.
- Is the report required to be published externally? N/A.
- Is there any sanction for non-compliance? N/A.
7. Is there any pending legislation relating to pay transparency? If so, what is the current position?
N/A.
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