NY State Senate Bill S6737A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Jun 17, 2017	print number 6737a
Jun 17, 2017	amend and recommit to rules
Jun 15, 2017	referred to rules

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6737 - Details

See Assembly Version of this Bill:: A2040
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6680
2015-2016: A5982
2019-2020: S3692, A5308

S6737 - Summary

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

S6737 - Sponsor Memo

 BILL NUMBER:  S6737

 PURPOSE :

In order to achieve fair pay for all, policymakers must enact laws
that prevent wage discrimination. This bill would make it unlawful to
ask prospective employees for wage or salary history as a requirement
for a job interview, job application, job offer, or promotion.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - The labor law is amended by adding a new section 194-a
prohibiting employers from requesting, requiring, seeking or relying
upon a current or prospective employee's salary or wage history as a
condition of employment, a condition to receive an interview, a
condition of an offer of employment, a condition for continued
employment or promotion. This section also prohibits retaliation by an
employer against a prospective employee based on the employee's
refusal to provide salary or wage history, as well as retaliation
against a prospective, future or former employee based on filing a
complaint with the Department of Labor alleging a violation of this
section.

This section also states that a prospective employee may voluntarily
disclose salary or wage history, and provides that a prospective
employer may confirm salary history only if the prospective employee

provides prior wage information.

The term employer is defined for purposes of this section to include
all private employers, including but not limited to, labor
organizations, associations, limited liability corporations, trade
organizations, persons, and all governmental and public employers.

Remedies including civil and administrative penalties are provided for
violations of this section, and it clarifies that an aggrieved
employee may bring a civil action in a court of competent
jurisdiction.  The department of labor shall conduct a public
awareness campaign to inform employers and the public of this section.

Section 2 - Provides for the effective date.

 JUSTIFICATION :

It is time to prohibit employers from seeking salary history from
prospective employees.

This tactic is used by employers to justify their lower pay rate
and/or marginal pay increase for employees. This practice is a root
cause of continued wage inequality.

Banning this practice should be the first step in enforcing equal pay
laws passed by the federal government almost 50 years ago.

The 1963 Equal Pay Act, the 1964 Civil Rights Act and the Lilly
Ledbetter Fair Pay Act of 2009 established the legal right for equal
pay for equal work. Yet women and minorities are still subjected to
wage gaps.

In order to achieve fair pay, policymakers must enact laws that
prevent wage discrimination.

 PRIOR LEGISLATIVE HISTORY :

A5982 of 2015/2016 referred to Assembly Governmental Operations.
A6680 of 2013 referred to Assembly Governmental Operations;

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S6737 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6737

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 15, 2017
                               ___________

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:

  Section  1.  The labor law is amended by adding a new section 194-a to
read as follows:
  § 194-A. WAGE OR SALARY HISTORY INQUIRIES PROHIBITED. 1.  NO  EMPLOYER
SHALL:
  A.  RELY  ON  THE  WAGE OR SALARY HISTORY OF A PROSPECTIVE EMPLOYEE OR
CURRENT OR FORMER EMPLOYEE IN DETERMINING THE WAGES OR SALARY  FOR  SUCH
INDIVIDUAL.
  B.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
HISTORY FROM A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  AS  A
CONDITION  TO  BE  INTERVIEWED,  OR  AS  A CONDITION OF CONTINUING TO BE
CONSIDERED FOR AN OFFER OF EMPLOYMENT, OR AS A CONDITION  OF  EMPLOYMENT
OR PROMOTION.
  C.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
HISTORY OF A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  FROM  A
CURRENT  OR  FORMER EMPLOYER EXCEPT AS PROVIDED IN SUBDIVISION 3 OF THIS
SECTION.
  D. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
RETALIATE  AGAINST  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE
BASED UPON PRIOR WAGE OR SALARY HISTORY.
  E. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
RETALIATE AGAINST A PROSPECTIVE EMPLOYEE BECAUSE THE PROSPECTIVE EMPLOY-
EE  OR CURRENT OR FORMER EMPLOYEE DID NOT PROVIDE WAGE OR SALARY HISTORY
IN ACCORDANCE WITH THIS SECTION.
  F. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
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.

                                                           LBD05679-11-7

S. 6737                             2

BECAUSE THE PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  FILED  A
COMPLAINT WITH THE DEPARTMENT ALLEGING A VIOLATION OF THIS SECTION.
  2.  NOTHING  IN  THIS  SECTION SHALL PREVENT A PROSPECTIVE EMPLOYEE OR
CURRENT OR FORMER EMPLOYEE FROM VOLUNTARILY DISCLOSING  WAGE  OR  SALARY
HISTORY,  INCLUDING  BUT  NOT LIMITED TO FOR THE PURPOSES OF NEGOTIATING
WAGES OR SALARY.
  3. A PROSPECTIVE EMPLOYER MAY CONFIRM WAGE OR SALARY HISTORY  ONLY  IF
AT  THE  TIME  AN  OFFER  OF  EMPLOYMENT  WITH COMPENSATION IS MADE, THE
PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE RESPONDS TO THE OFFER
BY PROVIDING PRIOR WAGE  INFORMATION  TO  SUPPORT  A  WAGE  HIGHER  THAN
OFFERED BY THE EMPLOYER.
  4.  FOR THE PURPOSES OF THIS SECTION, "EMPLOYER" SHALL INCLUDE BUT NOT
BE LIMITED TO ANY PERSON, CORPORATION, LIMITED LIABILITY COMPANY,  ASSO-
CIATION,  LABOR  ORGANIZATION, OR ENTITY EMPLOYING ANY INDIVIDUAL IN ANY
OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE. FOR  THE  PURPOSES  OF
THIS SECTION, THE TERM "EMPLOYER" SHALL INCLUDE THE STATE, ANY POLITICAL
SUBDIVISION  THEREOF,  ANY  PUBLIC  AUTHORITY  OR ANY OTHER GOVERNMENTAL
ENTITY OR INSTRUMENTALITY THEREOF, AND ANY PERSON, CORPORATION,  LIMITED
LIABILITY  COMPANY, ASSOCIATION OR ENTITY ACTING AS AN EMPLOYMENT AGENT,
RECRUITER,  OR  OTHERWISE  CONNECTING  PROSPECTIVE  EMPLOYEES  AND  WITH
EMPLOYERS.
  5.  (A)  IF THE COMMISSIONER FINDS, AFTER NOTICE AND AN OPPORTUNITY TO
BE HEARD, THAT AN EMPLOYER HAS VIOLATED THE PROVISIONS OF THIS  SECTION,
THE  COMMISSIONER  MAY BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY THE
NATURE OF THE VIOLATION, ASSESS A CIVIL PENALTY OF  NOT  MORE  THAN  ONE
THOUSAND  DOLLARS  FOR THE FIRST SUCH VIOLATION, NOT MORE THAN TWO THOU-
SAND DOLLARS FOR A SECOND VIOLATION AND NOT  MORE  THAN  THREE  THOUSAND
DOLLARS  FOR A THIRD OR SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID
TO THE COMMISSIONER FOR DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESS-
ING THE AMOUNT OF THE PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDER-
ATION TO THE SIZE OF THE EMPLOYER'S BUSINESS,  THE  GOOD  FAITH  OF  THE
EMPLOYER,  THE  GRAVITY  OF  THE  VIOLATION, AND THE HISTORY OF PREVIOUS
VIOLATIONS.
  (B) A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE AGGRIEVED  BY
A  VIOLATION  OF  THIS SECTION MAY BRING A CIVIL ACTION FOR COMPENSATION
FOR ANY DAMAGES SUSTAINED AS A RESULT OF SUCH  VIOLATION  ON  BEHALF  OF
SUCH  EMPLOYEE,  OTHER PERSONS SIMILARLY SITUATED, OR BOTH, IN ANY COURT
OF COMPETENT JURISDICTION. THE COURT MAY AWARD INJUNCTIVE RELIEF AS WELL
AS REASONABLE ATTORNEYS' FEES TO A PLAINTIFF WHO  PREVAILS  IN  A  CIVIL
ACTION BROUGHT UNDER THIS PARAGRAPH.
  6.  PROSPECTIVE  EMPLOYEES,  OR  CURRENT OR FORMER EMPLOYEES, MAY SEEK
ENFORCEMENT OF THE PROVISIONS OF THIS  SECTION,  INCLUDING  PURSUANT  TO
SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
  7.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
WHICH SHALL INCLUDE MAKING INFORMATION AVAILABLE  ON  ITS  WEBSITE,  AND
OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

view additional co-sponsors

S6737A (ACTIVE) - Details

See Assembly Version of this Bill:: A2040
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6680
2015-2016: A5982
2019-2020: S3692, A5308

S6737A (ACTIVE) - Summary

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

S6737A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6737A

 TITLE OF BILL :  An act to amend the labor law, in relation to
prohibiting wage or salary history inquiries

 PURPOSE :

In order to achieve fair pay for all, policymakers must enact laws
that prevent wage discrimination. This bill would make it unlawful to
ask prospective employees for wage or salary history as a requirement
for a job interview, job application, job offer, or promotion.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - The labor law is amended by adding a new section 194-a
prohibiting employers from requesting, requiring, or seeking a current
or prospective employee's salary or wage history as a condition of
employment, a condition to receive an interview, a condition of an
offer of employment, a condition for continued employment or
promotion. In addition, employers would also be prohibited from
relying on salary or wage history in determining the wages or salary
of a prospective employee.

This section also prohibits retaliation by an employer against a
prospective employee based on the employee's refusal to provide salary
or wage history, as well as retaliation against a prospective, future

or former employee based on filing a complaint with the Department of
Labor alleging a violation of this section.

This section also states that a prospective employee may voluntarily
disclose salary or wage history, and provides that a prospective
employer may confirm salary history only if the prospective employee
provides prior wage information.

The term employer is defined for purposes of this section to include
all private employers, including but not limited to, labor
organizations, associations, limited liability corporations, trade
organizations, persons, and all governmental and public employers.

Remedies including civil and administrative penalties are provided for
violations of this section, and it clarifies that an aggrieved
employee may bring a civil action in a court of competent
jurisdiction.

The department of labor shall conduct a public awareness campaign to
inform employers and the public of this section.

Section 2 - Provides for the effective date.

 JUSTIFICATION :

It is time to prohibit employers from seeking salary history from
prospective employees.

This tactic is used by employers to justify their lower pay rate
and/or marginal pay increase for employees. This practice is a root
cause of continued wage inequality.

Banning this practice should be the first step in enforcing equal pay
laws passed by the federal government almost 50 years ago.

The 1963 Equal Pay Act, the 1964 Civil Rights Act and the Lilly
Ledbetter Fair Pay Act of 2009 established the legal right for equal
pay for equal work. Yet women and minorities are still subjected to
wage gaps.

In order to achieve fair pay, policymakers must enact laws that
prevent wage discrimination.

 PRIOR LEGISLATIVE HISTORY :

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None.

S6737A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6737--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 15, 2017
                               ___________

Introduced by Sens. CARLUCCI, ALCANTARA -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Rules --
  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:

  Section 1. The labor law is amended by adding a new section  194-a  to
read as follows:
  §  194-A.  WAGE OR SALARY HISTORY INQUIRIES PROHIBITED. 1. NO EMPLOYER
SHALL:
  A. RELY ON THE WAGE OR SALARY HISTORY OF  A  PROSPECTIVE  EMPLOYEE  IN
DETERMINING THE WAGES OR SALARY FOR SUCH INDIVIDUAL.
  B.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
HISTORY FROM A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  AS  A
CONDITION  TO  BE  INTERVIEWED,  OR  AS  A CONDITION OF CONTINUING TO BE
CONSIDERED FOR AN OFFER OF EMPLOYMENT, OR AS A CONDITION  OF  EMPLOYMENT
OR PROMOTION.
  C.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
HISTORY OF A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  FROM  A
CURRENT  OR  FORMER EMPLOYER EXCEPT AS PROVIDED IN SUBDIVISION 3 OF THIS
SECTION.
  D. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
RETALIATE  AGAINST  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE
BASED UPON PRIOR WAGE OR SALARY HISTORY.
  E. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
RETALIATE AGAINST A PROSPECTIVE EMPLOYEE BECAUSE THE PROSPECTIVE EMPLOY-
EE  OR CURRENT OR FORMER EMPLOYEE DID NOT PROVIDE WAGE OR SALARY HISTORY
IN ACCORDANCE WITH THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05679-13-7

S. 6737--A                          2

  F. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
RETALIATE  AGAINST  A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE
BECAUSE THE PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE  FILED  A
COMPLAINT WITH THE DEPARTMENT ALLEGING A VIOLATION OF THIS SECTION.
  2.  NOTHING  IN  THIS  SECTION SHALL PREVENT A PROSPECTIVE EMPLOYEE OR
CURRENT OR FORMER EMPLOYEE FROM VOLUNTARILY DISCLOSING  WAGE  OR  SALARY
HISTORY,  INCLUDING  BUT  NOT LIMITED TO FOR THE PURPOSES OF NEGOTIATING
WAGES OR SALARY.
  3. A PROSPECTIVE EMPLOYER MAY CONFIRM WAGE OR SALARY HISTORY  ONLY  IF
AT  THE  TIME  AN  OFFER  OF  EMPLOYMENT  WITH COMPENSATION IS MADE, THE
PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE RESPONDS TO THE OFFER
BY PROVIDING PRIOR WAGE  INFORMATION  TO  SUPPORT  A  WAGE  HIGHER  THAN
OFFERED BY THE EMPLOYER.
  4.  FOR THE PURPOSES OF THIS SECTION, "EMPLOYER" SHALL INCLUDE BUT NOT
BE LIMITED TO ANY PERSON, CORPORATION, LIMITED LIABILITY COMPANY,  ASSO-
CIATION,  LABOR  ORGANIZATION, OR ENTITY EMPLOYING ANY INDIVIDUAL IN ANY
OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE. FOR  THE  PURPOSES  OF
THIS SECTION, THE TERM "EMPLOYER" SHALL INCLUDE THE STATE, ANY POLITICAL
SUBDIVISION  THEREOF,  ANY  PUBLIC  AUTHORITY  OR ANY OTHER GOVERNMENTAL
ENTITY OR INSTRUMENTALITY THEREOF, AND ANY PERSON, CORPORATION,  LIMITED
LIABILITY  COMPANY, ASSOCIATION OR ENTITY ACTING AS AN EMPLOYMENT AGENT,
RECRUITER,  OR  OTHERWISE  CONNECTING  PROSPECTIVE  EMPLOYEES  AND  WITH
EMPLOYERS.
  5.  (A)  IF THE COMMISSIONER FINDS, AFTER NOTICE AND AN OPPORTUNITY TO
BE HEARD, THAT AN EMPLOYER HAS VIOLATED THE PROVISIONS OF THIS  SECTION,
THE  COMMISSIONER  MAY BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY THE
NATURE OF THE VIOLATION, ASSESS A CIVIL PENALTY OF  NOT  MORE  THAN  ONE
THOUSAND  DOLLARS  FOR THE FIRST SUCH VIOLATION, NOT MORE THAN TWO THOU-
SAND DOLLARS FOR A SECOND VIOLATION AND NOT  MORE  THAN  THREE  THOUSAND
DOLLARS  FOR A THIRD OR SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID
TO THE COMMISSIONER FOR DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESS-
ING THE AMOUNT OF THE PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDER-
ATION TO THE SIZE OF THE EMPLOYER'S BUSINESS,  THE  GOOD  FAITH  OF  THE
EMPLOYER,  THE  GRAVITY  OF  THE  VIOLATION, AND THE HISTORY OF PREVIOUS
VIOLATIONS.
  (B) A PROSPECTIVE EMPLOYEE OR CURRENT OR FORMER EMPLOYEE AGGRIEVED  BY
A  VIOLATION  OF  THIS SECTION MAY BRING A CIVIL ACTION FOR COMPENSATION
FOR ANY DAMAGES SUSTAINED AS A RESULT OF SUCH  VIOLATION  ON  BEHALF  OF
SUCH  EMPLOYEE,  OTHER PERSONS SIMILARLY SITUATED, OR BOTH, IN ANY COURT
OF COMPETENT JURISDICTION. THE COURT MAY AWARD INJUNCTIVE RELIEF AS WELL
AS REASONABLE ATTORNEYS' FEES TO A PLAINTIFF WHO  PREVAILS  IN  A  CIVIL
ACTION BROUGHT UNDER THIS PARAGRAPH.
  6.  PROSPECTIVE  EMPLOYEES,  OR  CURRENT OR FORMER EMPLOYEES, MAY SEEK
ENFORCEMENT OF THE PROVISIONS OF THIS  SECTION,  INCLUDING  PURSUANT  TO
SECTION ONE HUNDRED NINETY-EIGHT OF THIS ARTICLE.
  7.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
WHICH SHALL INCLUDE MAKING INFORMATION AVAILABLE  ON  ITS  WEBSITE,  AND
OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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The New York State Senate

senate Bill S6737A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S6737 - Details

S6737 - Summary

S6737 - Sponsor Memo

S6737 - Bill Text download pdf

Co-Sponsors

S6737A (ACTIVE) - Details

S6737A (ACTIVE) - Summary

S6737A (ACTIVE) - Sponsor Memo

S6737A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6737A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S6737 - Details

S6737 - Summary

S6737 - Sponsor Memo

S6737 - Bill Text download pdf

Co-Sponsors

S6737A (ACTIVE) - Details

S6737A (ACTIVE) - Summary

S6737A (ACTIVE) - Sponsor Memo

S6737A (ACTIVE) - Bill Text download pdf

Comments