assembly Bill A5308B

Signed By Governor
2019-2020 Legislative Session

Prohibits employers from seeking salary history from applicants

download bill text pdf

Sponsored By

Current 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

Co-Sponsors

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Multi-Sponsors

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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

Co-Sponsors

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Multi-Sponsors

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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

Co-Sponsors

view additional 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

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