Q. When will the new salary history law go into effect in New York City?
A. Effective October 31, 2017, employers are barred from asking job applicants in New York City about their salary history. The bill, which was passed by the New York City Council in early April, was signed into law by Mayor Bill di Blasio on May 4, 2017.
Q. My company has employees in New York City. We often ask applicants about their salary history as a starting point for negotiating and setting a new salary. Are we still permitted to do this?
A. Effective October 2017, it will be unlawful for employers to ask job applicants in New York City about their salary history. Salary history includes “current or prior wage, benefits, or other compensation.” The ban includes inquiries to an applicant’s current or former employer and searches of publicly available information for salary history.
Q: Unfortunately, I need to lay off some employees, and possibly close my business. What steps do I need to take to ensure I am in compliance with legal obligations?
A: There are many factors and obligations to consider when laying off multiple employees and/or closing a business. It is best to consider these aspects as early as possible, even if you think layoff/closure is only a possibility.
Q: As a New York employer, what do I need to know about the increases to the minimum wage and the exempt salary threshold?
A: This is a timely question, since both the minimum wage and exempt salary threshold increased, effective December 31, 2016.
Q: Now that the election is finally here, am I required to give employees time off to vote?
The answer to that question depends on which state you are in. There is no federal law that requires employers to give time off to vote, but many states do have such laws. While the laws vary by state, in general, these kinds of laws provide that employers must provide time off to vote if employees do not have sufficient time to vote outside of working hours. State laws vary as to whether the time is paid or unpaid, how much time must be given, and how much time is “sufficient” to vote outside of working hours. Many states provide that employees are only entitled to voting leave if they provide advance notice to the employer.