Albany County Salary History Ban

TruView Clients in Albany County should take note of recent legislation amending the Albany County Human Rights Law to ban employers from asking about a job applicant’s salary history. The County joins a growing list of cities and counties to enact such a law (click here). The only exception to the law is that employers are permitted, after obtaining an applicant’s written authorization, to confirm prior wages after extending an offer. The law is more restrictive than those of other jurisdictions. For more information on the Albany law, please click here.

New York Criminal Records Sealing Law

Under New York State legislation signed into law in late 2017, criminal histories for certain individuals may no longer be public record and, therefore, unavailable to employers in assessing job applicants. The law allows individuals with no criminal convictions or incarcerations in the past 10 years and no charges pending to petition the court to seal prior criminal records. Convictions on violent felonies, sex offenses, child pornography, and other serious crimes are excluded from sealing. For more information click here.

E-Verify Annual Download Reminder

If your firm uses E-Verify, you have until February 28, 2018, to download case information for employees entered into the system on or before December 31, 2007. The federal government purges all E-Verify records over 10 years old. For more information, click here.

New Jersey Governor Bans Salary History Inquiries in State Agency Hiring

New Jersey Governor Phil Murphy used his first Executive Order to prohibit state agencies from inquiring into, “inadvertently discovering,” or using a job applicant’s salary history until and unless the employer has made a conditional offer of employment. The Order follows numerous states and municipalities that have done the same.

State agencies may request and verify current or historical compensation prior to a conditional employment offer only if the applicant voluntarily provides it, or if disclosure if required by federal, state, or local law. Governor Murphy urged the State Legislature to send legislation to his desk banning the practice statewide. For more information, click here.