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.
STATE OF NEW YORK
________________________________________________________________________
7434
2021-2022 Regular Sessions
IN SENATE
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:
1 Section 1. The labor law is amended by adding three new sections
2 194-b, 194-c and 194-d to read as follows:
3 § 194-b. 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.
LBD06275-01-1
S. 7434 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-c. Job postings to include salary range or wage scale. 1. An
38 employer shall include in any job posting it makes available to an
39 applicant information regarding the applicable wage scale or salary
40 range for such position.
41 2. Any current employee who is offered an internal transfer or
42 promotion with their current employer shall have the right to request
43 and be provided with the wage scale or salary range for such employee's
44 prospective new position.
45 § 194-d. Applicant request for benefit information. An applicant shall
46 be permitted to request and shall be provided with information regarding
47 employment benefits to be included with a job that an applicant is
48 applying for with a prospective or current employer.
49 § 2. This act shall take effect on the ninetieth day after it shall
50 have become a law.
