Asking Questions About A Candidate’s Earnings History During the Interview Process is Now Illegal in NYC as of October 31, 2017

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The New York City Council has passed a NYC Salary History Inquiry Ban effective as of October 31, 2017. The intent of the law is to eliminate wage inequality among job candidates and encourage employers to set compensation based on qualifications, not previous salary history.

In general terms: It is unlawful for an employer or employment agency (e.g., permanent placement, direct hire firm and/or temporary staffing service) to inquire about the “salary history” of an applicant for employment or placement, or to rely upon the salary history of an applicant in determining the salary, benefits, or other compensation for such applicant during the hiring, placement, or referral process, including the negotiation of a contract.

The Bill defines “salary” to include the applicant’s “current or prior wage, benefits of other compensation.” Accordingly, inquiries into any form of current or past compensation are broadly prohibited by the Bill.

BEYOND NEW YORK CITY…
Similar laws have been passed in other locations where LLoyd recruits and staffs talent, including California, Delaware, Massachusetts, Oregon, Puerto Rico, Philadelphia and San Francisco.

 

This ban is a change for all staffing-recruitment-search firms and all organizations that hire in NYC.
LLoyd has always approached our recruitment and qualifying process to go deeper than salary history by focusing on core skill-sets, accomplishments, future growth potential, and the overall cultural compatibility/DNA fit with our clients.

LLoyd will fully embrace this new law and comply in full.
As a member of the New York Staffing Association, we will inform our candidates, clients and future clients about this new law.

As a client partner to LLoyd, it is important that we share our policy and compliance…

It is LLoyd’s policy that with respect to all client job openings located in NYC and any in-person interviews occurring in NYC or with a candidate living in NYC, LLoyd will NOT inquire and/or probe for current and past compensation history of the job applicant.

LLoyd embraces the intent of this law and is committed to a best practices hiring inclusive process.

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