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Cuomo executive orders aim to close wage gap

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in Employment Law,Human Resources

Gov. Andrew Cuomo has issued two executive orders designed to close the wage gap between male and female state employees in New York.

Executive Order 161 bars state agencies from asking for an applicant’s salary history before making an employment offer. Agencies may verify pay information only after extending an offer. The order does not bar applicants from voluntarily revealing their salary histories.

State agencies that have access to an applicant’s salary history may not use it when deciding the applicant’s salary.

Executive Order 162 requires state contractors to provide workforce utilization reports that include the job title and salary for each employee working on a state contract. The requirement will apply to state contracts that take effect after July 1, 2017. Employers that cannot identify the employees working on state contracts must provide reports for all their employees.

Contractors working on prime contracts worth more than $25,000 must file title and salary reports quarterly. Those with prime contracts in excess of $100,000 must file the reports monthly.

Note: Cuomo’s push is part of a trend that began with a Massachusetts law barring employers from asking for salary histories. The city of Philadelphia recently passed a similar ban. Proponents of these measures claim they thwart ongoing pay discrimination by placing all similarly situated workers—women and men alike—on a level playing field.

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