Assembly Bill A6639

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6639
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2021
                                ___________
 
 Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting employers from
   asking job applicants  about  salary  expectations  and  allowing  job
   applicants  to  request  the  wage scale and included benefits for the
   position they are applying for

   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 three new sections
 194-b, 194-c and 194-d to read as follows:
   § 194-B. SALARY  EXPECTATION  INQUIRIES  PROHIBITED.  1.  NO  EMPLOYER
 SHALL:
   A.  RELY  ON  THE  SALARY  EXPECTATIONS 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 AN APPLICANT OR
 CURRENT EMPLOYEE TO DISCLOSE SALARY EXPECTATIONS 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. REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR  OTHERWISE
 RETALIATE  AGAINST  AN  APPLICANT  OR CURRENT EMPLOYEE BASED UPON STATED
 SALARY EXPECTATIONS.
   D. 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 SALARY EXPECTATIONS IN  ACCORD-
 ANCE WITH THIS SECTION.
   E.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06275-01-1
              

 A. 6639                             2
 
   2.  NOTHING  IN  THIS  SECTION  SHALL  PREVENT AN APPLICANT OR CURRENT
 EMPLOYEE FROM VOLUNTARILY, AND WITHOUT PROMPTING, DISCLOSING OR  VERIFY-
 ING  SALARY  EXPECTATIONS, INCLUDING BUT NOT LIMITED TO FOR THE PURPOSES
 OF NEGOTIATING WAGES OR SALARY.
   3.  AN EMPLOYER MAY CONFIRM SALARY EXPECTATIONS ONLY IF AT THE TIME AN
 OFFER OF EMPLOYMENT WITH COMPENSATION IS MADE, THE APPLICANT OR  CURRENT
 EMPLOYEE  RESPONDS  TO  THE  OFFER  BY  PROVIDING SALARY EXPECTATIONS 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 SECTION.
   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.
   § 194-C. JOB POSTINGS TO INCLUDE SALARY RANGE OR WAGE SCALE.  1.    AN
 EMPLOYER  SHALL  INCLUDE  IN  ANY  JOB  POSTING IT MAKES AVAILABLE TO AN
 APPLICANT INFORMATION REGARDING THE  APPLICABLE  WAGE  SCALE  OR  SALARY
 RANGE FOR SUCH POSITION.
   2.  ANY  CURRENT  EMPLOYEE  WHO  IS  OFFERED  AN  INTERNAL TRANSFER OR
 PROMOTION WITH THEIR CURRENT EMPLOYER SHALL HAVE THE  RIGHT  TO  REQUEST
 AND  BE PROVIDED WITH THE WAGE SCALE OR SALARY RANGE FOR SUCH EMPLOYEE'S
 PROSPECTIVE NEW POSITION.
   § 194-D. APPLICANT REQUEST FOR BENEFIT INFORMATION. AN APPLICANT SHALL
 BE PERMITTED TO REQUEST AND SHALL BE PROVIDED WITH INFORMATION REGARDING
 EMPLOYMENT BENEFITS TO BE INCLUDED WITH  A  JOB  THAT  AN  APPLICANT  IS
 APPLYING FOR WITH A PROSPECTIVE OR CURRENT EMPLOYER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.