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Susan Gross Sholinsky Quoted in “Employers Nationwide Should Look to NYC for Salary History Ban Guidance”

HR Dive

Susan Gross Sholinsky, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in HR Dive, in “Employers Nationwide Should Look to NYC for Salary History Ban Guidance,” by Kate Tornone.

Following is an excerpt:

As state and local governments continue to enact laws prohibiting employers from asking about candidates’ pay history, some questions have arisen: Namely, how do you determine whether any salary history bans apply to your situation?

Is applicability based on the prospective worksite? Where the interview takes place? A recruiter’s location when they’re asking?

While there are no definitive answers yet, employers’ best bet today may be to look to guidance that accompanied New York City’s ban, according to Susan Gross Sholinsky, a member of the firm in the New York office of Epstein Becker Green. …

First, the guidance notes that if an employer asks about salary history during an in-person conversation in the city, “there will likely be jurisdiction because the impact of the unlawful discriminatory practice is felt in New York City.” So if you’re interviewing someone in New York City for a job to be performed outside the city, you probably don’t want to be asking about pay history. Sholinsky also noted that it may be worth considering whether a significant amount of related recruiting activity is taking place in the city. If that’s the case, “I’d just be safe [and] comply with the law,” she said.

Employment laws generally apply to where the job is, Sholinsky said, but it seems like New York City’s guidance goes beyond that here. “Arguably, it could apply, even if the job was to be performed somewhere else,” she said.