S T A T E O F N E W Y O R K
________________________________________________________________________
3692--A
2019-2020 Regular Sessions
I N S E N A T E
February 12, 2019
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- 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.
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.
LBD06440-02-9
S. 3692--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.
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.
S. 3692--A 3
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.