Can a New York City employer ask about my salary history or check my credit?

Who does this apply to?

Applicants and employees covered by the City law. The salary-history rule does not apply to an internal transfer or promotion with your current employer (Admin. Code § 8-107(25)(e)(2)).

The rules

• Salary history. No asking about it, and no searching records to find it, and no relying on it to set your pay during hiring (§ 8-107(25)(b)). The employer may discuss your expectations, including unvested equity or deferred compensation you would lose by leaving (§ 8-107(25)(c)). If you volunteer your pay history without being prompted, it may consider and verify it (§ 8-107(25)(d)).
• Credit history. No requesting or using your consumer credit history for employment purposes (§ 8-107(24)(a)). Exceptions include jobs where a law or a securities self-regulatory organization requires a credit check, police and peace officers, jobs that must be bonded or need a security clearance, non-clerical jobs with regular access to trade secrets or national security information, jobs with signatory authority over third-party funds or assets of $10,000 or more, and jobs that can modify digital security systems (§ 8-107(24)(b)).

What should I gather?

• The application form, and any question about pay or credit, with the date.
• The names of the people who asked.
• The job ad and the offer.