|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to investigations and government operations|
|Mar 16, 2017||referred to investigations and government operations|
senate Bill S5233
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5233 (ACTIVE) - Details
S5233 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5233 TITLE OF BILL : An act to amend the executive law, in relation to prohibiting employers from seeking salary history from prospective employees PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is to prohibit employers from seeking salary history from prospective employees. SUMMARY OF PROVISIONS : Section 1. Adds a new subdivision 20 to Section 296 of the Executive Law. 20. (a) No employer, labor organization, employment agency or licensing agency, or employees or agent shall: (i) rely on wage history in determining wages unless voluntarily provided by the prospective employee for their benefit; (ii) request or require a prospective employee to disclose information about their wage history as a condition of being interviewed; (iii) seek from any current or former employer the previous wages of any prospective employee unless a compensation offer has been made, and the prospective employee provides wage information to support a wage higher than offered. The employer shall not refuse to hire or retaliate against a prospective employee based on their wage history or because they opposed any act or practice made unlawful by this subdivision. (b) Violation of this
S5233 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 5233 A. 6707 2017-2018 Regular Sessions S E N A T E - A S S E M B L Y March 16, 2017 ___________ IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government Operations IN ASSEMBLY -- Introduced by M. of A. GALEF -- 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. Section 296 of the executive law is amended by adding a new subdivision 20 to read as follows: 20. (A) NO EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY OR LICENS- ING AGENCY, OR EMPLOYEES OR AGENT SHALL: (I) RELY ON THE WAGE HISTORY OF A PROSPECTIVE EMPLOYEE FROM ANY CURRENT OR FORMER EMPLOYER OF THE INDIVIDUAL IN DETERMINING THE WAGES FOR SUCH INDIVIDUAL; PROVIDED THAT AN EMPLOYER MAY RELY ON PRIOR WAGE HISTORY WHEN IT IS VOLUNTARILY PROVIDED BY A PROSPECTIVE EMPLOYEE TO SUPPORT A WAGE HIGHER THAN THE WAGE OFFERED BY THE EMPLOYER; (II) ORALLY, OR IN WRITING, REQUEST OR REQUIRE AS A CONDITION OF BEING INTERVIEWED, OR AS A CONDITION OF CONTINUING TO BE CONSIDERED FOR AN OFFER OF EMPLOYMENT, OR AS A CONDITION OF EMPLOYMENT, THAT A PROSPECTIVE EMPLOYEE DISCLOSE INFORMATION ABOUT THE EMPLOYEE'S OWN WAGES FROM ANY CURRENT OR FORMER EMPLOYER; AND (III) ORALLY, OR IN WRITING, SEEK FROM ANY CURRENT OR FORMER EMPLOYER THE PREVIOUS WAGES OF ANY PROSPECTIVE EMPLOYEE; PROVIDED, HOWEVER, THAT AN EMPLOYER MAY SEEK TO CONFIRM PRIOR WAGE INFORMATION ONLY AFTER AN OFFER OF EMPLOYMENT WITH COMPENSATION HAS BEEN MADE TO THE PROSPECTIVE EMPLOYEE AND THE PROSPECTIVE EMPLOYEE RESPONDS TO THE OFFER BY PROVIDING PRIOR WAGE INFORMATION TO SUPPORT A WAGE HIGHER THAN OFFERED BY THE EMPLOYER. UNDER THESE CIRCUMSTANCES, THE EMPLOYER MAY ONLY SEEK TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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