Bill Text: NY S03692 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S03692 Detail]

Download: New_York-2019-S03692-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3692--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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  a  prospective  employee  in
     6  determining the wages or salary for such individual.
     7    b.  orally  or in writing seek, request, or require the wage or salary
     8  history from a prospective employee or current or former employee  as  a
     9  condition  to  be  interviewed,  or  as  a condition of continuing to be
    10  considered for an offer of employment, or as a condition  of  employment
    11  or promotion.
    12    c.  orally  or in writing seek, request, or require the wage or salary
    13  history of a prospective employee or current or former employee  from  a
    14  current  or  former  employer except as provided in subdivision three of
    15  this section.
    16    d. refuse to interview, hire, promote, otherwise employ, or  otherwise
    17  retaliate  against  a prospective employee or current or former employee
    18  based upon prior wage or salary history.
    19    e. refuse to interview, hire, promote, otherwise employ, or  otherwise
    20  retaliate against a prospective employee because the prospective employ-
    21  ee  or current or former employee did not provide wage or salary history
    22  in accordance with this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06440-02-9

        S. 3692--A                          2
     1    f. refuse to interview, hire, promote, otherwise employ, or  otherwise
     2  retaliate  against  a prospective employee or current or former employee
     3  because the prospective employee or current or former employee  filed  a
     4  complaint with the department alleging a violation of this section.
     5    2.  Nothing  in  this  section shall prevent a prospective employee or
     6  current or former employee from voluntarily disclosing  wage  or  salary
     7  history,  including  but  not limited to for the purposes of negotiating
     8  wages or salary.
     9    3. A prospective employer may confirm wage or salary history  only  if
    10  at  the  time  an  offer  of  employment  with compensation is made, the
    11  prospective employee or current or former employee responds to the offer
    12  by providing prior wage  information  to  support  a  wage  higher  than
    13  offered by the employer.
    14    4.  For the purposes of this section, "employer" shall include but not
    15  be limited to any person, corporation, limited liability company,  asso-
    16  ciation,  labor  organization, or entity employing any individual in any
    17  occupation, industry, trade, business or service. For  the  purposes  of
    18  this section, the term "employer" shall include the state, any political
    19  subdivision  thereof,  any  public  authority  or any other governmental
    20  entity or instrumentality thereof, and any person, corporation,  limited
    21  liability  company, association or entity acting as an employment agent,
    22  recruiter,  or  otherwise  connecting  prospective  employees  and  with
    23  employers.
    24    5.  (a)  If the commissioner finds, after notice and an opportunity to
    25  be heard, that an employer has violated the provisions of this  section,
    26  the  commissioner  may by an order which shall describe particularly the
    27  nature of the violation, assess a civil penalty of  not  more  than  one
    28  thousand  dollars  for the first such violation, not more than two thou-
    29  sand dollars for a second violation and not  more  than  three  thousand
    30  dollars  for a third or subsequent violation. Such penalty shall be paid
    31  to the commissioner for deposit in the treasury of the state. In assess-
    32  ing the amount of the penalty, the commissioner shall give due consider-
    33  ation to the size of the employer's business,  the  good  faith  of  the
    34  employer,  the  gravity  of  the  violation, and the history of previous
    35  violations.
    36    (b) A prospective employee or current or former employee aggrieved  by
    37  a  violation  of  this section may bring a civil action for compensation
    38  for any damages sustained as a result of such  violation  on  behalf  of
    39  such  employee,  other persons similarly situated, or both, in any court
    40  of competent jurisdiction. The court may award injunctive relief as well
    41  as reasonable attorneys' fees to a plaintiff who  prevails  in  a  civil
    42  action brought under this paragraph.
    43    6.  Prospective  employees,  or  current or former employees, may seek
    44  enforcement of the provisions of this  section,  including  pursuant  to
    45  section one hundred ninety-eight of this article.
    46    7.  The department shall conduct a public awareness outreach campaign,
    47  which shall include making information available  on  its  website,  and
    48  otherwise informing employers of the provisions of this section.
    49    8.  This  section shall not apply to any actions taken by an employer,
    50  employment agency, or employee or agent thereof pursuant to any federal,
    51  state, or local law  or  regulation  that  specifically  authorizes  the
    52  disclosure  or verification of salary history information for employment
    53  purposes, or specifically requires knowledge of salary history  informa-
    54  tion to determine an employee's compensation.

        S. 3692--A                          3
     1    9. The provisions of this section shall not be construed to preempt or
     2  supersede  any  local law, the provisions of which are no less stringent
     3  or restrictive than the provisions of this section.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.
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