An April 11 article in Business Insider prominently features Haynes and Boone, LLP Partner Jason Habinsky discussing a recently-passed New York City bill that restricts employers from asking candidates about their salary history.
A member of the firm’s Labor and Employment Practice, Habinsky provided a range of pointers to employers about the steps they should take to ensure they comply with the law, including conducting a thorough internal review.
"Employers need to promptly audit and review their documentation regarding the hiring process," he told Business Insider. "In other words, make sure that their job applications, their background check documents, the policies and procedures, all do not include questions regarding salary history and compensation history. They should do a very specific review and audit of their information to make sure those questions aren't included."
Habinsky provided other useful context, including:
- Employers should communicate with “any third parties or outside vendors who participate in the hiring process, if they use placement firms or recruiters, to make sure those organizations” are in compliance.
- The New York City law could have ripple effects beyond the city: “One easy way to make sure you're in compliance with employment laws nationwide or state-wide, depending on how vast your business is, is to pick the strictest law and then comply with that across the board," he said. "In other words, even if other states or cities don't have a requirement or a ban on requesting salary information, you apply it universally or uniformly, outside of New York City as well."
To read the full article, click here.
Habinsky’s experience spans a broad range of employment-related issues, including claims of employment discrimination, sexual harassment, retaliatory discharge, disability issues, wage and hour disputes, unfair competition, and theft of trade secrets.
He also provides employment-related counseling to clients regarding potentially perilous workplace issues, such as hiring and firing decisions, whistleblower and retaliation issues, disciplinary actions, employee complaints, reasonable accommodation and leave requests, and wage and hour laws.