Bill Text: NY A05308 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits employers from seeking salary history from applicants.

Spectrum: Moderate Partisan Bill (Democrat 53-7)

Status: (Introduced) 2019-06-20 - substituted by s6549 [A05308 Detail]

Download: New_York-2019-A05308-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5308--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2019
                                       ___________

        Introduced  by  M.  of  A.  CRESPO,  DE LA ROSA,  RIVERA, GALEF, D'URSO,
          PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART,  BLAKE,  LiPE-
          TRI,  DeSTEFANO,  STECK,  BURKE,  RYAN, FALL, FRONTUS, RAYNOR, CRUZ --
          Multi-Sponsored by -- M. of  A.  ABINANTI,  ARROYO,  BRONSON,  DAVILA,
          DenDEKKER,  DINOWITZ,  ENGLEBRIGHT,  EPSTEIN,  GARBARINO, GLICK, GOTT-
          FRIED, HEVESI, HUNTER,  JAFFEE,  JEAN-PIERRE,  JOYNER,  KOLB,  LENTOL,
          LIFTON,   McDONOUGH,  M. G. MILLER,  MONTESANO,  MOSLEY,  NIOU,  OTIS,
          PEOPLES-STOKES, RAIA, L. ROSENTHAL, SEAWRIGHT, SIMON, STIRPE,  TAYLOR,
          THIELE,  TITUS,  WALKER,  WEPRIN,  WILLIAMS,  WOERNER -- read once and
          referred to the Committee  on  Governmental  Operations  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- reported and referred to the Committee on Rules -- Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules

        AN ACT to amend the labor law, in relation to prohibiting wage or salary
          history inquiries

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  194-a  to
     2  read as follows:
     3    §  194-a.  Wage or salary history inquiries prohibited. 1. No employer
     4  shall:
     5    a. rely on the wage or salary history of an applicant  in  determining
     6  whether  to  offer  employment  to such individual or in determining the
     7  wages or salary for such individual.
     8    b. orally or in writing seek, request, or require the wage  or  salary
     9  history  from  an  applicant  or  current  employee as a condition to be
    10  interviewed, or as a condition of continuing to  be  considered  for  an
    11  offer of employment, or as a condition of employment or promotion.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03224-07-9

        A. 5308--B                          2

     1    c.  orally  or in writing seek, request, or require the wage or salary
     2  history of an applicant or current employee from  a  current  or  former
     3  employer,  current  or  former  employee,  or  agent of the applicant or
     4  current employee's current or former employer,  except  as  provided  in
     5  subdivision three of this section.
     6    d.  refuse to interview, hire, promote, otherwise employ, or otherwise
     7  retaliate against an applicant or current employee based upon prior wage
     8  or salary history.
     9    e. refuse to interview, hire, promote, otherwise employ, or  otherwise
    10  retaliate  against  an applicant or current employee because such appli-
    11  cant or current employee did not  provide  wage  or  salary  history  in
    12  accordance with this section.
    13    f.  refuse to interview, hire, promote, otherwise employ, or otherwise
    14  retaliate against an applicant or current or former employee because the
    15  applicant or current or former  employee  filed  a  complaint  with  the
    16  department alleging a violation of this section.
    17    2.  Nothing  in  this  section  shall  prevent an applicant or current
    18  employee from voluntarily, and without prompting, disclosing or  verify-
    19  ing  wage  or  salary  history,  including  but  not  limited to for the
    20  purposes of negotiating wages or salary.
    21    3. An employer may confirm wage or salary history only if at the  time
    22  an  offer  of  employment  with  compensation  is made, the applicant or
    23  current employee responds to the offer by providing prior wage or salary
    24  information to support a wage or  salary  higher  than  offered  by  the
    25  employer.
    26    4.  For the purposes of this section, "employer" shall include but not
    27  be limited to any person, corporation, limited liability company,  asso-
    28  ciation,  labor  organization, or entity employing any individual in any
    29  occupation, industry, trade, business or service, or any agent  thereof.
    30  For the purposes of this section, the term "employer" shall also include
    31  the  state,  any  political subdivision thereof, any public authority or
    32  any other  governmental  entity  or  instrumentality  thereof,  and  any
    33  person,  corporation,  limited  liability company, association or entity
    34  acting as an employment agent, recruiter, or otherwise connecting appli-
    35  cants with employers.
    36    5. An applicant or current or former employee aggrieved by a violation
    37  of this section may bring  a  civil  action  for  compensation  for  any
    38  damages sustained as a result of such violation on behalf of such appli-
    39  cant,  employee,  or  other  persons  similarly situated in any court of
    40  competent jurisdiction. The court may award injunctive relief as well as
    41  reasonable attorneys' fees to a plaintiff who prevails in a civil action
    42  brought under this paragraph.
    43    6. Nothing in this section shall be deemed  to  diminish  the  rights,
    44  privileges,  or  remedies of any applicant or current or former employee
    45  under any other law or regulation or  under  any  collective  bargaining
    46  agreement or employment contract.
    47    7.  This  section  shall not supersede any federal, state or local law
    48  enacted prior to the effective date of this section  that  requires  the
    49  disclosure or verification of salary history information to determine an
    50  employee's compensation.
    51    8.  The department shall conduct a public awareness outreach campaign,
    52  which shall include making information available  on  its  website,  and
    53  otherwise informing employers of the provisions of this section.
    54    § 2. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.
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