NYC

Subscribe to NYC

This is the first in a series of blog posts concerning recent employment law developments in New York State and City:

On October 31, 2017, NYC’s salary history ban took effect (Int. 1253-2016). With limited exception, this law bars employers of all sizes from inquiring or requesting information – through any means, including searches of public records, background checks, and requests to prior/current employers – about a job applicant’s salary history, or relying on such information in setting compensation for a particular applicant.  The ban extends to virtually all wages, benefits, bonuses, commissions earned, retirement plans, profit percentages, auto allowances, and other compensation.  Nor can employers make disclosure of such information a voluntary option (e.g., on a job application).

Notably, the law applies not only to applicants for employment, but also to applicants for independent contractor work who themselves have no employees. It does not, however, apply to applicants for internal transfer or promotion within their current employer.

If an employer inadvertently uncovers information about an applicant’s salary history by, for example, searching publicly available information about the applicant, the employer may not rely on that information in determining what to offer the applicant in salary, benefits, and other compensation. On the other hand, if the applicant voluntarily and without prompting discloses his or her salary history, the employer may in fact consider such information in determining compensation terms.

Moreover, although the law bans all salary history inquiries, it does permit employers to inquire into an applicant’s compensation expectations or demands. The law also permits employers to make statements about the anticipated salary, salary range, bonus, and benefits for a particular position.

Geographic Scope

As to the geographic scope of the law’s coverage, the NYC Commission on Human Rights (NYCCHR), the local agency that enforces the law, has said that a violation of the Act can occur if the impact of the unlawful discriminatory practice is felt in New York City. More particularly, the NYCCHR has stated that “[i]f an unlawful discriminatory practice, including an inquiry about salary history, occurs during an in-person conversation in New York City, there will likely be jurisdiction because the impact of the unlawful discriminatory practice is felt in New York City.  If an unlawful discriminatory practice occurs outside of New York City, there could be jurisdiction if the impact of the unlawful discriminatory practice is felt in New York City.  Entities should apply the same jurisdictional analysis in this context that they would involving other areas of the City Human Rights Law (e.g., in the employment context, residency in New York City alone, without more, is generally not enough to establish impact in New York City).”
Continue Reading NY State of Mind: New State and City Laws (Part 1) – NYC’s Salary History Ban

On May 15, a new law takes effect in New York City that will require written agreements between many, if not most, independent contractors and the entities that engage them.  As we previously reported, the “Freelance Isn’t Free” Act (the Act) requires that virtually all entities that engage a “freelance worker” for $800 or…

On April 5, New York City became the latest jurisdiction to enact legislation barring employers from inquiring into a job applicant’s salary history.  Originally introduced last summer at the behest of NYC Public Advocate Letitia James, the bill specifically prohibits businesses from (1) inquiring about the salary history of a job applicant or (2) relying…

On October 27, the New York City Council, long known for pushing the envelope when it comes to employment legislation, passed a first-of-its-kind bill, known as the “Freelance Isn’t Free” Act, that requires written agreements between certain independent contractors and the entities that engage them (the Act).  The Act also bars wage theft and…

On May 4, a New York City law barring discrimination against “caregivers” took effect. Specifically, the law prohibits employers from taking an adverse action (e.g., refusing to hire, firing, or demoting), or otherwise discriminating against an employee with respect to the terms and conditions of employment, based on the employee’s actual or perceived status as a “caregiver.”

The law defines “caregiver” as a “person who provides direct and ongoing care for a minor child or a care recipient.” “Care recipient,” in turn, is defined as a person with a disability who (1) relies on the caregiver for medical care or to meet the needs of daily living, and (2) resides in the caregiver’s household or is the caregiver’s child, spouse, domestic partner, parent, sibling, grandchild, or grandparent, or the child or parent of the caregiver’s spouse or domestic partner, or any other individual in a familial relationship with the caregiver as designated by the NYC Commission on Human Rights (the Commission), the agency that enforces the law.
Continue Reading Reminder for NYC Employers: Ban on ‘Caregiver’ Discrimination Has Taken Effect

The New York City Council, long-known for pushing the envelope when it comes to employment legislation, is at it again. The legislature is poised, in the near future, to pass a first-of-its-kind bill that would require written agreements between independent contractors and the entities that engage them (the Bill). The Bill would also impose substantial penalties on businesses that fail to comply with this and other requirements surrounding the independent contractor relationship.

Specifically, the Bill would require most entities that engage an independent contractor for $200 or more in services to execute a written agreement with the contractor before the contracted-for work begins. Such agreement must be written in plain language, in a dialect understood by both parties, and include, at a minimum:
Continue Reading NYC Mulls Bill Requiring Written Independent Contractor Agreements