STATE OF NEW YORK
________________________________________________________________________
769
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 194 of the labor law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. No employer shall:
4 (a) require, as a condition of employment, that an employee refrain
5 from inquiring about, discussing or disclosing information about either
6 the employee's own wages, including benefits or other compensation, or
7 about any other employee's wages;
8 (b) screen job applicants based on their wage, including benefits or
9 other compensation or salary histories, including by requiring that an
10 applicant's prior wages, including benefits or other compensation or
11 salary history satisfy minimum or maximum criteria; or request or
12 require as a condition of being interviewed, or as a condition of
13 continuing to be considered for an offer of employment, that an appli-
14 cant disclose prior wages or salary history;
15 (c) seek the salary history of any prospective employee from any
16 current or former employer; provided, however, that a prospective
17 employee may provide written authorization to a prospective employer to
18 confirm prior wages, including benefits or other compensation or salary
19 history only after any offer of employment with compensation has been
20 made to the prospective employee;
21 (d) discharge or in any other manner retaliate against any employee
22 because the employee:
23 (i) opposed any act or practice made unlawful by this section;
24 (ii) made or is about to make a complaint or has caused or is about to
25 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
1 (iii) testified or is about to testify, assist or participate in any
2 manner in an investigation or proceeding under this section; or
3 (iv) disclosed the employee's wages, benefits or other compensation or
4 has inquired about or discussed the wages of any other employee; or
5 (e) contract with an employee to avoid complying with this subdivi-
6 sion, or by any other means exempt itself from this subdivision;
7 provided, however, that an employer may prohibit a human resources
8 employee, or any other employee whose job responsibilities require
9 access to other employees' compensation information, from disclosing
10 such information without prior written consent from the employee whose
11 information is sought or requested, unless the compensation information
12 is public.
13 § 2. This act shall take effect immediately.