New York Governor Signs Executive Orders To Address Wage Gap

On January 9, 2017, New York Governor Andrew Cuomo issued two executive orders aimed at addressing the perceived gender, race, and ethnicity-based wage gaps. Noting that the state government must lead by example and ensure equal pay for all New Yorkers, the two executive orders - which Governor Cuomo signed as part of his 2017 State of the State address - prevent state entities from asking job applicants about their compensation history and require state contractors to disclose data on the gender, race, ethnicity, job title, and salary of their employees.

Compensation Inquiries Banned

Executive Order No. 161 prohibits state agencies and other state entities from inquiring about the salary history of a prospective employee, until after the applicant is extended a conditional offer of employment with compensation. After an offer has been extended, the state entity may then request and verify compensation information.

If the state entity is already in possession of an applicant's prior compensation history, the information cannot be relied upon in determining the prospective employee's salary, unless required by law or collective bargaining agreement. The executive order does not prevent job applicants from volunteering their compensation history.

Information Disclosure Required

Executive Order No. 162 provides that all state contracts, agreements, and procurements issued and executed on or after June 1, 2017 must require contractors and subcontractors to provide workforce utilization reports that detail the job title and salary information for each employee performing work on the state contract. If the contractor cannot identify the individuals working directly on the state contract, the data must be provided for the contractor's entire workforce.

This data is in addition to the equal...