Bill Text: NY S06549 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits employers from seeking salary history from applicants.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-07-10 - SIGNED CHAP.94 [S06549 Detail]
Download: New_York-2019-S06549-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6549 2019-2020 Regular Sessions IN SENATE June 15, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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. 12 c. orally or in writing seek, request, or require the wage or salary 13 history of an applicant or current employee from a current or former 14 employer, current or former employee, or agent of the applicant or 15 current employee's current or former employer, except as provided in 16 subdivision three of this section. 17 d. refuse to interview, hire, promote, otherwise employ, or otherwise 18 retaliate against an applicant or current employee based upon prior wage 19 or salary history. 20 e. refuse to interview, hire, promote, otherwise employ, or otherwise 21 retaliate against an applicant or current employee because such appli- 22 cant or current employee did not provide wage or salary history in 23 accordance with this section. 24 f. refuse to interview, hire, promote, otherwise employ, or otherwise 25 retaliate against an applicant or current or former employee because the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13411-01-9S. 6549 2 1 applicant or current or former employee filed a complaint with the 2 department alleging a violation of this section. 3 2. Nothing in this section shall prevent an applicant or current 4 employee from voluntarily, and without prompting, disclosing or verify- 5 ing wage or salary history, including but not limited to for the 6 purposes of negotiating wages or salary. 7 3. An employer may confirm wage or salary history only if at the time 8 an offer of employment with compensation is made, the applicant or 9 current employee responds to the offer by providing prior wage or salary 10 information to support a wage or salary higher than offered by the 11 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, or any agent thereof. 16 For the purposes of this section, the term "employer" shall also include 17 the state, any political subdivision thereof, any public authority or 18 any other governmental entity or instrumentality thereof, and any 19 person, corporation, limited liability company, association or entity 20 acting as an employment agent, recruiter, or otherwise connecting appli- 21 cants with employers. 22 5. An applicant or current or former employee aggrieved by a violation 23 of this section may bring a civil action for compensation for any 24 damages sustained as a result of such violation on behalf of such appli- 25 cant, employee, or other persons similarly situated in any court of 26 competent jurisdiction. The court may award injunctive relief as well as 27 reasonable attorneys' fees to a plaintiff who prevails in a civil action 28 brought under this paragraph. 29 6. Nothing in this section shall be deemed to diminish the rights, 30 privileges, or remedies of any applicant or current or former employee 31 under any other law or regulation or under any collective bargaining 32 agreement or employment contract. 33 7. This section shall not supersede any federal, state or local law 34 enacted prior to the effective date of this section that requires the 35 disclosure or verification of salary history information to determine an 36 employee's compensation. 37 8. The department shall conduct a public awareness outreach campaign, 38 which shall include making information available on its website, and 39 otherwise informing employers of the provisions of this section. 40 § 2. This act shall take effect on the one hundred eightieth day after 41 it shall have become a law.