For an Initial Consultation, call (917) 371-8000

Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

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.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























    What’s Happening at The Law Offices of Steven Mitchell Sack

    new york lawyer
    new york lawyer awards
    new york lawyer blog

    Our Reviews and Client Feedback

    After calling nearly every law office in Manhattan for 48 hours, I was incredibly fortunate to find attorney Steven Sack.
    His professionalism, integrity, and attention to detail are truly exceptional. From the very beginning, he took my case seriously, followed up promptly, and treated me with genuine respect and empathy.
    What stood out the most is that Steven doesn't sugarcoat anything , he tells you the truth, even when it's difficult to hear, because he cares about giving you the strongest and most honest legal guidance.
    I'm beyond grateful for his support and legal expertise.
    If you're looking for someone who will fight for you, keep you informed, and handle your case with the utmost care, Steven Sack is the one to call.
    Thank you Steven for all of your help. I am truly thankful.
    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "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."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    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.
    js_loader

    Testimonials

    Read More

    Skip to content