S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10722
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting employers from
   asking job applicants  about  salary  expectations  and  allowing  job
   applicants  to  request  the  wage scale and included benefits for the
   position they are applying for

   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 three new sections
 194-b, 194-c and 194-d to read as follows:
   § 194-B. SALARY  EXPECTATION  INQUIRIES  PROHIBITED.  1.  NO  EMPLOYER
 SHALL:
   A.  RELY  ON  THE  SALARY  EXPECTATIONS OF AN APPLICANT IN DETERMINING
 WHETHER TO OFFER EMPLOYMENT TO SUCH INDIVIDUAL  OR  IN  DETERMINING  THE
 WAGES OR SALARY FOR SUCH INDIVIDUAL.
   B.  ORALLY  OR  IN  WRITING  SEEK, REQUEST, OR REQUIRE AN APPLICANT OR
 CURRENT EMPLOYEE TO DISCLOSE SALARY EXPECTATIONS 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. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
 RETALIATE  AGAINST  AN  APPLICANT  OR CURRENT EMPLOYEE BASED UPON STATED
 SALARY EXPECTATIONS.
   D. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
 RETALIATE  AGAINST  AN APPLICANT OR CURRENT EMPLOYEE BECAUSE SUCH APPLI-
 CANT OR CURRENT EMPLOYEE DID NOT PROVIDE SALARY EXPECTATIONS IN  ACCORD-
 ANCE WITH THIS SECTION.
   E.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST AN APPLICANT OR CURRENT OR FORMER EMPLOYEE BECAUSE THE
 APPLICANT OR CURRENT OR FORMER  EMPLOYEE  FILED  A  COMPLAINT  WITH  THE
 DEPARTMENT ALLEGING A VIOLATION OF THIS SECTION.
   2.  NOTHING  IN  THIS  SECTION  SHALL  PREVENT AN APPLICANT OR CURRENT
 EMPLOYEE FROM VOLUNTARILY, AND WITHOUT PROMPTING, DISCLOSING OR  VERIFY-
 ING  SALARY  EXPECTATIONS, INCLUDING BUT NOT LIMITED TO FOR THE PURPOSES
 OF NEGOTIATING WAGES OR SALARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16105-02-0

 A. 10722                            2
 
   3. AN EMPLOYER MAY CONFIRM SALARY EXPECTATIONS ONLY IF AT THE TIME  AN
 OFFER  OF EMPLOYMENT WITH COMPENSATION IS MADE, THE APPLICANT OR CURRENT
 EMPLOYEE RESPONDS TO THE  OFFER  BY  PROVIDING  SALARY  EXPECTATIONS  TO
 SUPPORT A WAGE OR SALARY 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, OR ANY AGENT  THEREOF.
 FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYER" SHALL ALSO 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 APPLI-
 CANTS WITH EMPLOYERS.
   5. AN APPLICANT 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 APPLI-
 CANT,  EMPLOYEE,  OR  OTHER  PERSONS  SIMILARLY SITUATED 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 SECTION.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR  REMEDIES OF ANY APPLICANT OR CURRENT OR FORMER EMPLOYEE
 UNDER ANY OTHER LAW OR REGULATION OR  UNDER  ANY  COLLECTIVE  BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   7.  THIS  SECTION  SHALL NOT SUPERSEDE ANY FEDERAL, STATE OR LOCAL LAW
 ENACTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION  THAT  REQUIRES  THE
 DISCLOSURE OR VERIFICATION OF SALARY HISTORY INFORMATION TO DETERMINE AN
 EMPLOYEE'S COMPENSATION.
   8.  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.
   §  194-C.  JOB  POSTINGS TO INCLUDE SALARY RANGE OR WAGE SCALE. 1.  AN
 EMPLOYER SHALL INCLUDE IN ANY JOB  POSTING  IT  MAKES  AVAILABLE  TO  AN
 APPLICANT  INFORMATION  REGARDING  THE  APPLICABLE  WAGE SCALE OR SALARY
 RANGE FOR SUCH POSITION.
   2. ANY CURRENT  EMPLOYEE  WHO  IS  OFFERED  AN  INTERNAL  TRANSFER  OR
 PROMOTION  WITH  THEIR  CURRENT EMPLOYER SHALL HAVE THE RIGHT TO REQUEST
 AND BE PROVIDED WITH THE WAGE SCALE OR SALARY RANGE FOR SUCH  EMPLOYEE'S
 PROSPECTIVE NEW POSITION.
   § 194-D. APPLICANT REQUEST FOR BENEFIT INFORMATION. AN APPLICANT SHALL
 BE PERMITTED TO REQUEST AND SHALL BE PROVIDED WITH INFORMATION REGARDING
 EMPLOYMENT  BENEFITS  TO  BE  INCLUDED  WITH  A JOB THAT AN APPLICANT IS
 APPLYING FOR WITH A PROSPECTIVE OR CURRENT EMPLOYER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.