assembly Bill A2040C

2017-2018 Legislative Session

Prohibits employers from seeking salary history from prospective employees

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Current Bill Status - Passed Assembly


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 16, 2018 referred to labor
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.153
returned to assembly
died in senate
Jun 21, 2017 referred to rules
delivered to senate
passed assembly
Jun 19, 2017 ordered to third reading rules cal.470
rules report cal.470
reported
reported referred to rules
Jun 16, 2017 print number 2040c
Jun 16, 2017 amend and recommit to codes
Jun 15, 2017 reported referred to codes
Jun 14, 2017 print number 2040b
Jun 14, 2017 amend (t) and recommit to governmental operations
Apr 04, 2017 print number 2040a
Apr 04, 2017 amend and recommit to governmental operations
Jan 17, 2017 referred to governmental operations

Co-Sponsors

view additional co-sponsors

A2040 (ACTIVE) - Details

See Senate Version of this Bill:
S6737
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

A2040 (ACTIVE) - Summary

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

A2040 (ACTIVE) - Bill Text download pdf


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

                                  2040

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
  JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
  SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT to amend the executive law, in relation to prohibiting employers
  from seeking salary history from prospective employees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent.  The legislature hereby finds that New
York should lead the nation in preventing wage discrimination.
  The wage gap between men and women is  one  of  the  oldest  and  most
persistent effects of inequality between the sexes in the United States.
  The  1963  Equal  Pay  Act and the 1964 Civil Rights Act in the United
States established the legal right to equal pay for equal work and equal
opportunity. Yet half a century later, women are still subjected to wage
gaps and paid less then men.
  The concept of comparable worth attacks the  problem  of  gender-based
wage  discrimination  by  mandating  that  jobs characterized by similar
levels of education, skill, effort, responsibilities, and working condi-
tions be compensated at similar wage levels regardless of the gender  of
the worker holding the job.
  The goal of pay equity is to raise the wages for undervalued jobs held
predominantly  by  women.    Today,  women  make only 77 cents per every
dollar earned by a man for a comparable job, a gender  wage  gap  of  23
percent.
  This  translates into thousands of dollars of lost wages each year for
each female worker, money that helps them feed their families, save  for
a college education and afford decent and safe housing.
  Pay disparities affect women of all ages, races, and education levels,
but  are  more  pronounced  for  women  of color. Minority women make as
little as 54 cents per dollar for a comparable job held by a man.

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

Co-Sponsors

view additional co-sponsors

A2040A (ACTIVE) - Details

See Senate Version of this Bill:
S6737
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

A2040A (ACTIVE) - Summary

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

A2040A (ACTIVE) - Bill Text download pdf


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

                                 2040--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by  M.  of  A.  CRESPO,  MORELLE,  SEPULVEDA, ARROYO, GLICK,
  JAFFEE, GALEF, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVE-
  SI, ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER  --  read  once  and
  referred  to  the  Committee  on  Governmental Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to prohibiting  employers
  from seeking salary history from prospective employees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.  The legislature hereby finds that  New
York should lead the nation in preventing wage discrimination.
  The  wage  gap  between  men  and  women is one of the oldest and most
persistent effects of inequality between the sexes in the United States.
  The 1963 Equal Pay Act and the 1964 Civil Rights  Act  in  the  United
States established the legal right to equal pay for equal work and equal
opportunity. Yet half a century later, women are still subjected to wage
gaps and paid less then men.
  The  concept  of  comparable worth attacks the problem of gender-based
wage discrimination by mandating  that  jobs  characterized  by  similar
levels of education, skill, effort, responsibilities, and working condi-
tions  be compensated at similar wage levels regardless of the gender of
the worker holding the job.
  The goal of pay equity is to raise the wages for undervalued jobs held
predominantly by women.   Today, women make  only  77  cents  per  every
dollar  earned  by  a  man for a comparable job, a gender wage gap of 23
percent.
  This translates into thousands of dollars of lost wages each year  for
each  female worker, money that helps them feed their families, save for
a college education and afford decent and safe housing.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05679-02-7

Co-Sponsors

view additional co-sponsors

A2040B (ACTIVE) - Details

See Senate Version of this Bill:
S6737
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

A2040B (ACTIVE) - Summary

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

A2040B (ACTIVE) - Bill Text download pdf


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

                                 2040--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
  JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
  ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
  STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
  BRONSON -- read once and referred to  the  Committee  on  Governmental
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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  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-

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2040C (ACTIVE) - Details

See Senate Version of this Bill:
S6737
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

A2040C (ACTIVE) - Summary

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

A2040C (ACTIVE) - Bill Text download pdf


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

                                 2040--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
  JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
  ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
  STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
  BRONSON -- read once and referred to  the  Committee  on  Governmental
  Operations -- committee discharged, bill amended, ordered reprinted as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said  committee  -- reported and referred to the Committee on
  Codes -- 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.

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