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A Better Balance has developed a toolkit for workers to understand their rights and protections provided for in the expansion New York state's pay equity law, which went into effect in October and a new law banning employers from using salary or pay history as part of the hiring or promotion processes. The pay history law, which will go into effect in January, is essential for combating historical wage inequalities based on sex. Because men have on average earned more than women historically, asking for applicant's or employee's wage histories and basing hiring and pay practices on those histories perpetuates the pay gap between men and women.
In brief, the Pay Equity law expands protections for workers by making it illegal for employers to pay people who can claim status in at least one "protected class" different amounts for "substantially similar work." "Protected class" includes sex, race, disability, sexual orientation, and under the revisions to the law now includes gender expression or identity. The law also prohibits employers from preventing workers from discussing wages and salaries with their co-workers. Furthermore, the law only provides for differing pay when a company or employer has a clear set of guidelines based on seniority, merit, or productivity.
Meanwhile, the salary history ban restricts the kinds of salary or wage information an employer can elicit from an applicant. Employers can no longer rely on salary history to make a hire or set salary; cannot ask current employees or applicants for their salary history as a condition of securing an interview, job, or promotion; are prohibited from seeking applicant's salary histories from previous employers, current employer, agents, or fellow employees; and are banned from retaliating against applicants or employees who do not provide salary histories or who file complaints. The law does allow applicants or employees to provide salary information voluntarily.
Both laws affect all employers in the state, including public sector employers.
If you have any questions regarding how the law affects you, contact us.
