NY State Assembly Bill A5308B

Archive: Last Bill Status Via S6549 - Signed by Governor

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

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 10, 2019	signed chap.94
Jul 09, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.355 substituted for a5308b
Jun 20, 2019	substituted by s6549
Jun 17, 2019	ordered to third reading rules cal.355 rules report cal.355 reported
Jun 15, 2019	amend and recommit to rules 5308b
Jun 13, 2019	reported referred to rules
Mar 19, 2019	reported referred to codes
Mar 07, 2019	amend by restoring to original print 5308
Feb 26, 2019	amend and recommit to governmental operations
Feb 08, 2019	referred to governmental operations
Feb 26, 2019	print number 5308a

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A5308 - Details

See Senate Version of this Bill:: S6549
Law Section:: Labor Law
Laws Affected:: Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6680
2015-2016: A5982
2017-2018: A2040

A5308 - Summary

Prohibits employers from seeking salary history from applicants.

A5308 - Bill Text download pdf


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

                                  5308

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ABINAN-
  TI,  ARROYO,  BRONSON,  DAVILA,  DE LA ROSA,  DINOWITZ,   ENGLEBRIGHT,
  EPSTEIN,  GALEF,  GARBARINO, GLICK, GOTTFRIED, HEVESI, HUNTER, JAFFEE,
  JEAN-PIERRE, JOYNER, KOLB, LENTOL,  LIFTON,  McDONOUGH,  M. G. MILLER,
  MONTESANO,  MOSLEY,  NIOU,  ORTIZ, OTIS, PEOPLES-STOKES, RAIA, RIVERA,
  L. ROSENTHAL, SEAWRIGHT, SIMON, STECK, STIRPE, TAYLOR, THIELE,  TITUS,
  WALKER,  WALLACE,  WEPRIN, WILLIAMS, WOERNER -- read once and referred
  to the Committee on Governmental Operations

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  THREE  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03224-03-9

A. 5308                             2

  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
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

Multi-Sponsors

view additional multi-sponsors

A5308A - Details

See Senate Version of this Bill:: S6549
Law Section:: Labor Law
Laws Affected:: Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6680
2015-2016: A5982
2017-2018: A2040

A5308A - Summary

Prohibits employers from seeking salary history from applicants.

A5308A - Bill Text download pdf


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

                                 5308--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ABINAN-
  TI,  ARROYO,  BRONSON,  DAVILA,  DE LA ROSA,  DINOWITZ,   ENGLEBRIGHT,
  EPSTEIN,  GALEF,  GARBARINO, GLICK, GOTTFRIED, HEVESI, HUNTER, JAFFEE,
  JEAN-PIERRE, JOYNER, KOLB, LENTOL,  LIFTON,  McDONOUGH,  M. G. MILLER,
  MONTESANO,  MOSLEY,  NIOU,  ORTIZ, OTIS, PEOPLES-STOKES, RAIA, RIVERA,
  L. ROSENTHAL, SEAWRIGHT, SIMON, STECK, STIRPE, TAYLOR, THIELE,  TITUS,
  WALKER,  WALLACE,  WEPRIN, WILLIAMS, WOERNER -- 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 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  THREE  OF
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03224-04-9

A. 5308--A                          2

  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
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.

A. 5308--A                          3

  8. THIS SECTION SHALL NOT APPLY TO ANY ACTIONS TAKEN BY  AN  EMPLOYER,
EMPLOYMENT AGENCY, OR EMPLOYEE OR AGENT THEREOF PURSUANT TO ANY FEDERAL,
STATE,  OR  LOCAL  LAW  OR  REGULATION  THAT SPECIFICALLY AUTHORIZES THE
DISCLOSURE OR VERIFICATION OF SALARY HISTORY INFORMATION FOR  EMPLOYMENT
PURPOSES,  OR SPECIFICALLY REQUIRES KNOWLEDGE OF SALARY HISTORY INFORMA-
TION TO DETERMINE AN EMPLOYEE'S COMPENSATION.
  9. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PREEMPT OR
SUPERSEDE ANY LOCAL LAW, THE PROVISIONS OF WHICH ARE NO  LESS  STRINGENT
OR RESTRICTIVE THAN 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

Multi-Sponsors

view additional multi-sponsors

A5308B (ACTIVE) - Details

See Senate Version of this Bill:: S6549
Law Section:: Labor Law
Laws Affected:: Add §194-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6680
2015-2016: A5982
2017-2018: A2040

A5308B (ACTIVE) - Summary

Prohibits employers from seeking salary history from applicants.

A5308B (ACTIVE) - Bill Text download pdf


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

                                 5308--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced  by  M.  of  A.  CRESPO,  DE LA ROSA,  RIVERA, GALEF, D'URSO,
  PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART,  BLAKE,  LiPE-
  TRI,  DeSTEFANO,  STECK,  BURKE,  RYAN, FALL, FRONTUS, RAYNOR, CRUZ --
  Multi-Sponsored by -- M. of  A.  ABINANTI,  ARROYO,  BRONSON,  DAVILA,
  DenDEKKER,  DINOWITZ,  ENGLEBRIGHT,  EPSTEIN,  GARBARINO, GLICK, GOTT-
  FRIED, HEVESI, HUNTER,  JAFFEE,  JEAN-PIERRE,  JOYNER,  KOLB,  LENTOL,
  LIFTON,   McDONOUGH,  M. G. MILLER,  MONTESANO,  MOSLEY,  NIOU,  OTIS,
  PEOPLES-STOKES, RAIA, L. ROSENTHAL, SEAWRIGHT, SIMON, STIRPE,  TAYLOR,
  THIELE,  TITUS,  WALKER,  WEPRIN,  WILLIAMS,  WOERNER -- read once and
  referred to the Committee  on  Governmental  Operations  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Codes
  -- reported and referred to the Committee on Rules -- Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  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 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 THE WAGE  OR  SALARY
HISTORY  FROM  AN  APPLICANT  OR  CURRENT  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03224-07-9

A. 5308--B                          2

  C.  ORALLY  OR IN WRITING SEEK, REQUEST, OR REQUIRE THE WAGE OR SALARY
HISTORY OF AN APPLICANT OR CURRENT EMPLOYEE FROM  A  CURRENT  OR  FORMER
EMPLOYER,  CURRENT  OR  FORMER  EMPLOYEE,  OR  AGENT OF THE APPLICANT OR
CURRENT EMPLOYEE'S CURRENT OR FORMER EMPLOYER,  EXCEPT  AS  PROVIDED  IN
SUBDIVISION THREE OF THIS SECTION.
  D.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
RETALIATE AGAINST AN APPLICANT OR CURRENT EMPLOYEE BASED UPON PRIOR WAGE
OR SALARY HISTORY.
  E. 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  WAGE  OR  SALARY  HISTORY  IN
ACCORDANCE WITH THIS SECTION.
  F.  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  WAGE  OR  SALARY  HISTORY,  INCLUDING  BUT  NOT  LIMITED TO FOR THE
PURPOSES OF NEGOTIATING WAGES OR SALARY.
  3. AN EMPLOYER MAY CONFIRM WAGE OR SALARY HISTORY ONLY IF AT THE  TIME
AN  OFFER  OF  EMPLOYMENT  WITH  COMPENSATION  IS MADE, THE APPLICANT OR
CURRENT EMPLOYEE RESPONDS TO THE OFFER BY PROVIDING PRIOR WAGE OR SALARY
INFORMATION 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 PARAGRAPH.
  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.
  § 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

assembly Bill A5308B

Sponsored By

Archive: Last Bill Status Via S6549 - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

Multi-Sponsors

A5308 - Details

A5308 - Summary

A5308 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5308A - Details

A5308A - Summary

A5308A - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A5308B (ACTIVE) - Details

A5308B (ACTIVE) - Summary

A5308B (ACTIVE) - Bill Text download pdf

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assembly Bill A5308B

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CRESPO

Archive: Last Bill Status Via S6549 - Signed by Governor

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Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

Carmen De La Rosa

Jose Rivera

Sandy Galef

Anthony D'Urso

Victor M. Pichardo

Monica P. Wallace

Karines Reyes

William Colton

Charles Lavine

Felix Ortiz

Dan Quart

Michael Blake

Mike LiPetri

Joe DeStefano

Phil Steck

Patrick Burke

Sean Ryan

Charles Fall

Mathylde Frontus

Taylor Darling

Catalina Cruz

Multi-Sponsors

Thomas Abinanti

Carmen E. Arroyo

Harry B. Bronson

Maritza Davila

Michael DenDekker

Jeffrey Dinowitz

Steven Englebright

Harvey Epstein

Andrew R. Garbarino

Deborah Glick

Richard Gottfried

Andrew Hevesi

Pamela J. Hunter

Ellen C. Jaffee

Kimberly Jean-Pierre

Latoya Joyner

Brian Kolb

Joseph Lentol

Barbara Lifton

David McDonough

Michael G. Miller

Michael Montesano

Walter T. Mosley

Yuh-Line Niou

Steven Otis

Crystal Peoples-Stokes

Andrew Raia

Linda Rosenthal

Rebecca Seawright

Jo Anne Simon

Albert A. Stirpe

Al Taylor

Fred Thiele

Michele Titus

Latrice Walker

David Weprin

Jaime R. Williams

Carrie Woerner

A5308 - Details

A5308 - Summary

A5308 - Bill Text download pdf

Co-Sponsors

Carmen De La Rosa

Jose Rivera