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S07434 Summary:

BILL NOS07434
 
SAME ASSAME AS A06639
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Add 194-b, 194-c & 194-d, Lab L
 
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.
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S07434 Text:



 
                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.
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