Prohibits employers from asking job applicants about salary expectations; allows job applicants to request the included benefits for the position they are applying for.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1289
SPONSOR: Clark 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 included benefits for the position they are apply-
ing for
PURPOSE:
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:
A.5665 of 2023/24: Referred to Labor
A.6639 of 2021/22: Referred to Labor
A.1072 of 2019/20: Referred to Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect in 90 days.
STATE OF NEW YORK
________________________________________________________________________
1289
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
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 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:
1 Section 1. The labor law is amended by adding two new sections 194-c
2 and 194-d to read as follows:
3 § 194-c. Salary expectation inquiries prohibited. 1. No employer
4 shall:
5 a. rely on the salary expectations of an applicant in determining
6 whether to offer employment to such individual or in determining the
7 wages or salary for such individual.
8 b. orally or in writing seek, request, or require an applicant or
9 current employee to disclose salary expectations as a condition to be
10 interviewed, or as a condition of continuing to be considered for an
11 offer of employment, or as a condition of employment or promotion.
12 c. refuse to interview, hire, promote, otherwise employ, or otherwise
13 retaliate against an applicant or current employee based upon stated
14 salary expectations.
15 d. refuse to interview, hire, promote, otherwise employ, or otherwise
16 retaliate against an applicant or current employee because such appli-
17 cant or current employee did not provide salary expectations in accord-
18 ance with this section.
19 e. refuse to interview, hire, promote, otherwise employ, or otherwise
20 retaliate against an applicant or current or former employee because the
21 applicant or current or former employee filed a complaint with the
22 department alleging a violation of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02614-01-5
A. 1289 2
1 2. Nothing in this section shall prevent an applicant or current
2 employee from voluntarily, and without prompting, disclosing or verify-
3 ing salary expectations, including but not limited to for the purposes
4 of negotiating wages or salary.
5 3. An employer may confirm salary expectations only if at the time an
6 offer of employment with compensation is made, the applicant or current
7 employee responds to the offer by providing salary expectations to
8 support a wage or salary higher than offered by the employer.
9 4. For the purposes of this section, "employer" shall include but not
10 be limited to any person, corporation, limited liability company, asso-
11 ciation, labor organization, or entity employing any individual in any
12 occupation, industry, trade, business or service, or any agent thereof.
13 For the purposes of this section, the term "employer" shall also include
14 the state, any political subdivision thereof, any public authority or
15 any other governmental entity or instrumentality thereof, and any
16 person, corporation, limited liability company, association or entity
17 acting as an employment agent, recruiter, or otherwise connecting appli-
18 cants with employers.
19 5. An applicant or current or former employee aggrieved by a violation
20 of this section may bring a civil action for compensation for any
21 damages sustained as a result of such violation on behalf of such appli-
22 cant, employee, or other persons similarly situated in any court of
23 competent jurisdiction. The court may award injunctive relief as well as
24 reasonable attorneys' fees to a plaintiff who prevails in a civil action
25 brought under this section.
26 6. Nothing in this section shall be deemed to diminish the rights,
27 privileges, or remedies of any applicant or current or former employee
28 under any other law or regulation or under any collective bargaining
29 agreement or employment contract.
30 7. This section shall not supersede any federal, state or local law
31 enacted prior to the effective date of this section that requires the
32 disclosure or verification of salary history information to determine an
33 employee's compensation.
34 8. The department shall conduct a public awareness outreach campaign,
35 which shall include making information available on its website, and
36 otherwise informing employers of the provisions of this section.
37 § 194-d. Applicant request for benefit information. An applicant shall
38 be permitted to request and shall be provided with information regarding
39 employment benefits to be included with a job that an applicant is
40 applying for with a prospective or current employer.
41 § 2. This act shall take effect on the ninetieth day after it shall
42 have become a law.
