NY State Senate Bill 2021-S7434

Senate Bill S7434

2021-2022 Legislative Session

Relates 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Oct 13, 2021	referred to rules

2021-S7434 (ACTIVE) - Details

See Assembly Version of this Bill:: A6639
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §§194-b, 194-c & 194-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10722
2023-2024: S6284, A5665

2021-S7434 (ACTIVE) - Summary

Prohibits employers from asking job applicants about salary expectations; allows job applicants to request the wage scale and included benefits for the position they are applying for.

2021-S7434 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7434

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the labor law, in relation to prohibiting employers from
asking job applicants about salary expectations and allowing job appli-
cants to request the wage scale and included benefits for the position
they are applying for

 
PURPOSE OF THE BILL:

This legislation builds on legislation barring employers from asking job
applicants their salary histories to also prohibit employers from asking
salary expectations and requiring job postings to include wage scales or
salary ranges.

 
SUMMARY OF PROVISIONS:

The labor law is amended by adding three new sections, 194-b, 194-c and
194d:

Section 194-b prohibits inquiries into job applicants' salary expecta-
tions, orally or in writing; bars employers from inquiring about salary
expectations or relying on salary expectations in hiring decisions, or
in determining an employees' wages or salaries; and bars employers from
refusing to interview, hire, promote or otherwise employ any applicant
or current employee who does not provide salary expectations. Applicants
and current employees may voluntarily provide salary expectations for
the purpose of negotiating wages or salary, or for other purposes.
Applications and current and former employees may bring a cause of
action for violations of this section.

Section 194-c requires job postings to include salary range or wage
scale, including for any current employee offered an internal transfer
or promotion.

Section 194-d permits any applicant to request and be provided with
information regarding employment benefits to be included with a job the
applicant seeks with a prospective or current employer.

 
JUSTIFICATION:

The Salary Transparency Act will help ensure that all workers are fairly
compensated for similar work and reduce disparities based on membership
in any protected class. As union representation has declined in the
private-sector workforce, employees are increasingly left at a disadvan-
tage in negotiating on their own behalf, particularly in an economy
where job changes are more frequent. The Salary Transparency Act will
help bring parity to the negotiating table.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect in 90 days.

2021-S7434 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7434
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 13, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 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

 S. 7434                             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.

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