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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2020-01-08 - REFERRED TO LABOR [S03692 Detail]

Download: New_York-2019-S03692-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3692
                               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
        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.
    23    f.  refuse to interview, hire, promote, otherwise employ, or otherwise
    24  retaliate against a prospective employee or current or  former  employee
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06440-01-9
        S. 3692                             2
     1  because  the  prospective employee or current or former employee filed a
     2  complaint with the department alleging a violation of this section.
     3    2.  Nothing  in  this  section shall prevent a prospective employee or
     4  current or former employee from voluntarily disclosing  wage  or  salary
     5  history,  including  but  not limited to for the purposes of negotiating
     6  wages or salary.
     7    3. A prospective employer may confirm wage or salary history  only  if
     8  at  the  time  an  offer  of  employment  with compensation is made, the
     9  prospective employee or current or former employee responds to the offer
    10  by providing prior wage  information  to  support  a  wage  higher  than
    11  offered by the employer.
    12    4.  For the purposes of this section, "employer" shall include but not
    13  be limited to any person, corporation, limited liability company,  asso-
    14  ciation,  labor  organization, or entity employing any individual in any
    15  occupation, industry, trade, business or service. For  the  purposes  of
    16  this section, the term "employer" shall include the state, any political
    17  subdivision  thereof,  any  public  authority  or any other governmental
    18  entity or instrumentality thereof, and any person, corporation,  limited
    19  liability  company, association or entity acting as an employment agent,
    20  recruiter,  or  otherwise  connecting  prospective  employees  and  with
    21  employers.
    22    5.  (a)  If the commissioner finds, after notice and an opportunity to
    23  be heard, that an employer has violated the provisions of this  section,
    24  the  commissioner  may by an order which shall describe particularly the
    25  nature of the violation, assess a civil penalty of  not  more  than  one
    26  thousand  dollars  for the first such violation, not more than two thou-
    27  sand dollars for a second violation and not  more  than  three  thousand
    28  dollars  for a third or subsequent violation. Such penalty shall be paid
    29  to the commissioner for deposit in the treasury of the state. In assess-
    30  ing the amount of the penalty, the commissioner shall give due consider-
    31  ation to the size of the employer's business,  the  good  faith  of  the
    32  employer,  the  gravity  of  the  violation, and the history of previous
    33  violations.
    34    (b) A prospective employee or current or former employee aggrieved  by
    35  a  violation  of  this section may bring a civil action for compensation
    36  for any damages sustained as a result of such  violation  on  behalf  of
    37  such  employee,  other persons similarly situated, or both, in any court
    38  of competent jurisdiction. The court may award injunctive relief as well
    39  as reasonable attorneys' fees to a plaintiff who  prevails  in  a  civil
    40  action brought under this paragraph.
    41    6.  Prospective  employees,  or  current or former employees, may seek
    42  enforcement of the provisions of this  section,  including  pursuant  to
    43  section one hundred ninety-eight of this article.
    44    7.  The department shall conduct a public awareness outreach campaign,
    45  which shall include making information available  on  its  website,  and
    46  otherwise informing employers of the provisions of this section.
    47    § 2. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law.