New York's Pay Equity Laws Are in Effect

Two new laws further bolstering New York's nation-leading pay equity policies are now in effect. The new laws prohibit unequal pay on the basis of a protected class for all substantially similar work and forbid employers from asking prospective employees about their salary history. Governor Cuomo also called on businesses in New York to conduct internal reviews of their pay policies and make adjustments as necessary in accordance with these new laws.

"We are at a critical point in history when this country is finally recognizing the long-term discrimination against women and taking action to right the wrongs of an unfair system," Governor Cuomo said. "There is no rational reason why women should not get paid the same as men, and these common sense measures will take us one step closer to true equality. Now it's time for businesses across the state to take a hard look at their pay policies and ensure women employees get paid the same as their male colleagues if they are doing substantially similar work."

The new laws prohibit all employers - public and private - who do business in New York State from asking prospective employees about their salary history and compensation, and expands the definition of "equal pay for equal work." These measures build on two executive orders signed by the Governor last year to eliminate the wage gap by prohibiting state entities from evaluating candidates based on wage history and requiring state contractors to disclose data on the gender, race and ethnicity of employees - leveraging taxpayer dollars to drive transparency and advance pay equity statewide.

These actions build on common sense measures championed by the Governor this year, including extending the statute of limitations for rape in the second and third degrees, enhancing workplace sexual harassment laws and funding a community college program that will help single moms move out of poverty.

In 2017, the Governor directed the Department of Labor to issue a report on the gender pay gap in New York and provide recommendations to break the cycle of unfair, unequal compensation. After holding pay equity hearings across the state, the Department of Labor released its report last Spring. Acting immediately upon its recommendations, Governor Cuomo introduced a program bill to expand on his executive orders by instituting a salary history ban that prohibits all employers, public and private, who do business in New York from asking prospective employees about their salary history and compensation.

Source: The Office of Governor Andrew M. Cuomo