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A02040 Summary:

BILL NOA02040C
 
SAME ASSAME AS S06737-A
 
SPONSORCrespo
 
COSPNSRGalef, Morelle, Sepulveda, Arroyo, Glick, Jaffee, Hooper, Simon, Rivera, Montesano, Joyner, Lifton, Hevesi, Rosenthal L, McDonough, Gottfried, Miller MG, Seawright, Mosley, Stirpe, Titone, Dinowitz, Jean-Pierre, Hunter, De La Rosa, Bronson, Kolb, Weprin, Abinanti, Steck, Wallace, Brindisi, Englebright, Williams, Niou, Ortiz, Walker, Garbarino, Raia, Taylor, Davila, Otis, Peoples-Stokes, Pellegrino, Titus
 
MLTSPNSREpstein, Lentol, Thiele, Woerner
 
Add 194-a, Lab L
 
Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.
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A02040 Actions:

BILL NOA02040C
 
01/17/2017referred to governmental operations
04/04/2017amend and recommit to governmental operations
04/04/2017print number 2040a
06/14/2017amend (t) and recommit to governmental operations
06/14/2017print number 2040b
06/15/2017reported referred to codes
06/16/2017amend and recommit to codes
06/16/2017print number 2040c
06/19/2017reported referred to rules
06/19/2017reported
06/19/2017rules report cal.470
06/19/2017ordered to third reading rules cal.470
06/21/2017passed assembly
06/21/2017delivered to senate
06/21/2017REFERRED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.153
04/16/2018passed assembly
04/16/2018delivered to senate
04/16/2018REFERRED TO LABOR
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A02040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2040--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
          JAFFEE,  HOOPER,  SIMON,  RIVERA,  MONTESANO,  JOYNER, LIFTON, HEVESI,
          ROSENTHAL,  McDONOUGH,  GOTTFRIED,  M. G. MILLER,  SEAWRIGHT,  MOSLEY,
          STIRPE,  TITONE,  DINOWITZ,  JEAN-PIERRE,  HUNTER, GJONAJ, DE LA ROSA,
          BRONSON -- read once and referred to  the  Committee  on  Governmental
          Operations -- committee discharged, bill amended, ordered reprinted as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted  to  said  committee  -- reported and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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:
 
     1    Section 1. The labor law is amended by adding a new section  194-a  to
     2  read as follows:
     3    §  194-a.  Wage or salary history inquiries prohibited. 1. No employer
     4  shall:
     5    a. rely on the wage or salary history of  a  prospective  employee  in
     6  determining the wages or salary for such individual.
     7    b.  orally  or in writing seek, request, or require the wage or salary
     8  history from a prospective employee or current or former employee  as  a
     9  condition  to  be  interviewed,  or  as  a condition of continuing to be
    10  considered for an offer of employment, or as a condition  of  employment
    11  or promotion.
    12    c.  orally  or in writing seek, request, or require the wage or salary
    13  history of a prospective employee or current or former employee  from  a
    14  current  or  former employer except as provided in subdivision 3 of this
    15  section.
    16    d. refuse to interview, hire, promote, otherwise employ, or  otherwise
    17  retaliate  against  a prospective employee or current or former employee
    18  based upon prior wage or salary history.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05679-12-7

        A. 2040--C                          2
 
     1    e. refuse to interview, hire, promote, otherwise employ, or  otherwise
     2  retaliate against a prospective employee because the prospective employ-
     3  ee  or current or former employee did not provide wage or salary history
     4  in accordance with this section.
     5    f.  refuse to interview, hire, promote, otherwise employ, or otherwise
     6  retaliate against a prospective employee or current or  former  employee
     7  because  the  prospective employee or current or former employee filed a
     8  complaint with the department alleging a violation of this section.
     9    2. Nothing in this section shall prevent  a  prospective  employee  or
    10  current  or  former  employee from voluntarily disclosing wage or salary
    11  history, including but not limited to for the  purposes  of  negotiating
    12  wages or salary.
    13    3.  A  prospective employer may confirm wage or salary history only if
    14  at the time an offer  of  employment  with  compensation  is  made,  the
    15  prospective employee or current or former employee responds to the offer
    16  by  providing  prior  wage  information  to  support  a wage higher than
    17  offered by the employer.
    18    4. For the purposes of this section, "employer" shall include but  not
    19  be  limited to any person, corporation, limited liability company, asso-
    20  ciation, labor organization, or entity employing any individual  in  any
    21  occupation,  industry,  trade,  business or service. For the purposes of
    22  this section, the term "employer" shall include the state, any political
    23  subdivision thereof, any public  authority  or  any  other  governmental
    24  entity  or instrumentality thereof, and any person, corporation, limited
    25  liability company, association or entity acting as an employment  agent,
    26  recruiter,  or  otherwise  connecting  prospective  employees  and  with
    27  employers.
    28    5. (a) If the commissioner finds, after notice and an  opportunity  to
    29  be  heard, that an employer has violated the provisions of this section,
    30  the commissioner may by an order which shall describe  particularly  the
    31  nature  of  the  violation,  assess a civil penalty of not more than one
    32  thousand dollars for the first such violation, not more than  two  thou-
    33  sand  dollars  for  a  second violation and not more than three thousand
    34  dollars for a third or subsequent violation. Such penalty shall be  paid
    35  to the commissioner for deposit in the treasury of the state. In assess-
    36  ing the amount of the penalty, the commissioner shall give due consider-
    37  ation  to  the  size  of  the employer's business, the good faith of the
    38  employer, the gravity of the violation,  and  the  history  of  previous
    39  violations.
    40    (b)  A prospective employee or current or former employee aggrieved by
    41  a violation of this section may bring a civil  action  for  compensation
    42  for  any  damages  sustained  as a result of such violation on behalf of
    43  such employee, other persons similarly situated, or both, in  any  court
    44  of competent jurisdiction. The court may award injunctive relief as well
    45  as  reasonable  attorneys'  fees  to a plaintiff who prevails in a civil
    46  action brought under this paragraph.
    47    6. Prospective employees, or current or  former  employees,  may  seek
    48  enforcement  of  the  provisions  of this section, including pursuant to
    49  section one hundred ninety-eight of this article.
    50    7. The department shall conduct a public awareness outreach  campaign,
    51  which  shall  include  making  information available on its website, and
    52  otherwise informing employers of the provisions of this section.
    53    § 2. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.
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