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Sack

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Employers Are Not Allowed To Ask About Past Employment Compensation

On October 31, 2017, a law banning New York City employers from “(1) asking job applicants about their compensation history and (2) relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract, unless freely volunteered by the applicant” took effect. Furthermore, the law also prohibits a potential employer from searching public records in order to obtain a person’s past salary history. A potential employer may only inquire about an applicant’s salary and or benefits expectations, but not history. However, if an applicant freely volunteers his or her past salary, an employer is entitled to verify the information.

In instances in which an employer violates this law, the job applicant can file a complaint with the New York City Commission on Human Rights or commence an action in a court of law.

However, the ban does not affect:

  • Actions pursuant to a law authorizing disclosure or verification of salary history;
  • Internal transfers or promotions; and
  • Public employee positions where compensation is determined through collective bargaining.

According to advocacy groups, this law will assist in combating pay inequity for groups such as women, while others argue that the law is unconstitutional and infringes on the first amendment right to free speech.

It is important for employers and members of the workforce to be aware of this new change in the law. New York City is not alone in protecting potential employees’ compensation history. Philadelphia, Massachusetts, and Puerto Rico implemented this growing trend in the months prior and more states are likely to follow. In addition, it is important for those currently navigating through a complex interview process to remember, in the event a potential employer violates this law, the New York City Commission on Human Rights Law does not hold those filing a complaint to a high burden of proof. Therefore, do not be afraid to speak out in the event that your rights are violated.

New York City’s human rights laws protect its residents in many areas, based on a number of protected classes. If you believe your rights have been violated by a potential employer, contact an experienced New York employment law attorney who can ensure that your rights are protected. Call Steven Mitchell Sack at (917) 371-8000 or email him at sms@StevenSack.com.

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    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
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    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
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    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
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    It was a pleasure to work with Mr. Sack. He addressed my concerns promptly and honestly, and was always accessible when I had any questions or concerns. Mr. Sack worked both for me, and with me, keeping me abreast of any and all updates to my matter. I did not even have a chance to worry as he was always on top of every detail! His communication and organizational skills are exceptional. I wholeheartedly recommend Mr. Sack for all of your employment needs.
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