Salary history in interviews

• (None of this is legal advice and I’m not a lawyer though I spent a lot of time and money training to be one)

• In NYC, it is illegal for employers and employment Agencies to ask about about salary history

• But does that mean an applicant can’t bring it up?

• No! Because “where an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, such employer, employment agency, or employee or agent thereof may consider salary history in determining salary, benefits and other compensation for such applicant, and may verify such applicant’s salary history.” Cite - § 8-107 section 25(d) of NYC Administrative Code.

• So the candidate has the right but not the obligation to share. That’s a good thing for the candidate to have given how asymmetric most candidate/employer negotiations are. When should a candidate share? It depends! But the typical case where it’s helpful to share is where a candidate is currently making a way-above-market salary.