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.

                            
 
                     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.