S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    769
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting discrimination
   based upon wage and benefit history
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 194 of the labor law is amended  by  adding  a  new
 subdivision 5 to read as follows:
   5. NO EMPLOYER SHALL:
   (A)  REQUIRE,  AS  A CONDITION OF EMPLOYMENT, THAT AN EMPLOYEE REFRAIN
 FROM INQUIRING ABOUT, DISCUSSING OR DISCLOSING INFORMATION ABOUT  EITHER
 THE  EMPLOYEE'S  OWN WAGES, INCLUDING BENEFITS OR OTHER COMPENSATION, OR
 ABOUT ANY OTHER EMPLOYEE'S WAGES;
   (B) SCREEN JOB APPLICANTS BASED ON THEIR WAGE, INCLUDING  BENEFITS  OR
 OTHER  COMPENSATION  OR SALARY HISTORIES, INCLUDING BY REQUIRING THAT AN
 APPLICANT'S PRIOR WAGES, INCLUDING BENEFITS  OR  OTHER  COMPENSATION  OR
 SALARY  HISTORY  SATISFY  MINIMUM  OR  MAXIMUM  CRITERIA;  OR REQUEST OR
 REQUIRE AS A CONDITION OF  BEING  INTERVIEWED,  OR  AS  A  CONDITION  OF
 CONTINUING  TO  BE CONSIDERED FOR AN OFFER OF EMPLOYMENT, THAT AN APPLI-
 CANT DISCLOSE PRIOR WAGES OR SALARY HISTORY;
   (C) SEEK THE SALARY HISTORY  OF  ANY  PROSPECTIVE  EMPLOYEE  FROM  ANY
 CURRENT  OR  FORMER  EMPLOYER;  PROVIDED,  HOWEVER,  THAT  A PROSPECTIVE
 EMPLOYEE MAY PROVIDE WRITTEN AUTHORIZATION TO A PROSPECTIVE EMPLOYER  TO
 CONFIRM  PRIOR WAGES, INCLUDING BENEFITS OR OTHER COMPENSATION OR SALARY
 HISTORY ONLY AFTER ANY OFFER OF EMPLOYMENT WITH  COMPENSATION  HAS  BEEN
 MADE TO THE PROSPECTIVE EMPLOYEE;
   (D)  DISCHARGE  OR  IN ANY OTHER MANNER RETALIATE AGAINST ANY EMPLOYEE
 BECAUSE THE EMPLOYEE:
   (I) OPPOSED ANY ACT OR PRACTICE MADE UNLAWFUL BY THIS SECTION;
   (II) MADE OR IS ABOUT TO MAKE A COMPLAINT OR HAS CAUSED OR IS ABOUT TO
 CAUSE TO BE INSTITUTED ANY PROCEEDING UNDER THIS SECTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01589-01-3
              

 A. 769                              2
 
   (III) TESTIFIED OR IS ABOUT TO TESTIFY, ASSIST OR PARTICIPATE  IN  ANY
 MANNER IN AN INVESTIGATION OR PROCEEDING UNDER THIS SECTION; OR
   (IV) DISCLOSED THE EMPLOYEE'S WAGES, BENEFITS OR OTHER COMPENSATION OR
 HAS INQUIRED ABOUT OR DISCUSSED THE WAGES OF ANY OTHER EMPLOYEE; OR
   (E)  CONTRACT  WITH  AN EMPLOYEE TO AVOID COMPLYING WITH THIS SUBDIVI-
 SION, OR BY  ANY  OTHER  MEANS  EXEMPT  ITSELF  FROM  THIS  SUBDIVISION;
 PROVIDED,  HOWEVER,  THAT  AN  EMPLOYER  MAY  PROHIBIT A HUMAN RESOURCES
 EMPLOYEE, OR ANY  OTHER  EMPLOYEE  WHOSE  JOB  RESPONSIBILITIES  REQUIRE
 ACCESS  TO  OTHER  EMPLOYEES'  COMPENSATION INFORMATION, FROM DISCLOSING
 SUCH INFORMATION WITHOUT PRIOR WRITTEN CONSENT FROM THE  EMPLOYEE  WHOSE
 INFORMATION  IS SOUGHT OR REQUESTED, UNLESS THE COMPENSATION INFORMATION
 IS PUBLIC.
   § 2. This act shall take effect immediately.