NY State Senate Bill S6549

Archive: Last Bill Status - 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 (11)

	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 19, 2019	referred to codes
Jun 18, 2019	delivered to assembly passed senate ordered to third reading cal.1588
Jun 15, 2019	referred to rules

Votes

Co-Sponsors

S6549 (ACTIVE) - Details

See Assembly Version of this Bill:: A5308
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

S6549 (ACTIVE) - Summary

Prohibits employers from seeking salary history from applicants.

S6549 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6549               REVISED 06/17/19

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting wage or salary history inquiries

 
PURPOSE:

The purpose of this bill is to prevent further wage discrimination by
prohibiting employers from asking for wage or salary history as a
requirement for a job interview, job application, job offer, or
promotion.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-a to the Labor Law to
prohibit employers from requesting, requiring, or seeking a job appli-
cant or current employee's salary or wage history as a condition of
employment, a condition to receive an interview, a condition of an offer
of employment, or a condition for continued employment or promotion. In
addition, employers would also be prohibited from relying on salary or

wage history in determining whether to offer employment or in determin-
ing what wages or salary to offer an applicant.

This section would also prohibit retaliation by an employer against an
applicant or current employee based on their refusal to provide salary
or wage history, as well as retaliation against an applicant or current
or former employee based on filing a complaint with the Department of
Labor alleging a violation of this section. An applicant or employee
would be able to voluntarily disclose their salary or wage history.

The term employer would be defined for purposes of this section to
include all private employers, including but not limited to, labor
organizations, associations, limited liability corporations, trade
organizations, persons, and all governmental and public employers. An
aggrieved individual would be able to bring a civil action in a court of
competent jurisdiction.

The Department of Labor would also be required to conduct a public
awareness campaign to inform employers and the public of this section.

Section 2 would provide for an effective date of 180 days after enact-
ment.

 
JUSTIFICATION:

It is time to prohibit employers from seeking salary history from
prospective employees.

This tactic is used by employers to justify their lower pay rate and/or
marginal pay increase for employees. This practice is a root cause of
continued wage inequality.

Banning this practice should be the first step in enforcing equal pay
laws passed by the federal government almost 50 years ago. The 1963
Equal Pay Act, the 1964 Civil Rights Act and the Lilly Ledbetter Fair
Pay Act of 2009 established the legal right for equal pay for equal
work. Yet women and minorities are still subjected to wage gaps.

In order to achieve fair pay, policymakers must enact laws that prevent
wage discrimination.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S6737-a/A2040-c - LABOR/passed assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

N/A.

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

S6549 (ACTIVE) - Bill Text download pdf


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

                                  6549

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 15, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed 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.
  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

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

                                                           LBD13411-01-9

S. 6549                             2

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

senate Bill S6549

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Co-Sponsors

S6549 (ACTIVE) - Details

S6549 (ACTIVE) - Summary

S6549 (ACTIVE) - Sponsor Memo

S6549 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6549

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Co-Sponsors

Anna M. Kaplan

Rachel May

S6549 (ACTIVE) - Details

S6549 (ACTIVE) - Summary

S6549 (ACTIVE) - Sponsor Memo

S6549 (ACTIVE) - Bill Text download pdf

Comments