-  This bill is not active in this session.
 

A05308 Summary:

BILL NOA05308B
 
SAME ASSAME AS S06549
 
SPONSORCrespo (MS)
 
COSPNSRDe La Rosa, Rivera, Galef, D'Urso, Pichardo, Wallace, Reyes, Colton, Lavine, Ortiz, Quart, Blake, LiPetri, DeStefano, Steck, Burke, Ryan, Fall, Frontus, Darling, Cruz
 
MLTSPNSRAbinanti, Arroyo, Bronson, Davila, DenDekker, Dinowitz, Englebright, Epstein, Garbarino, Glick, Gottfried, Hevesi, Hunter, Jaffee, Jean-Pierre, Joyner, Kolb, Lentol, Lifton, McDonough, Miller MG, Montesano, Mosley, Niou, Otis, Peoples-Stokes, Raia, Rosenthal L, Seawright, Simon, Stirpe, Taylor, Thiele, Titus, Walker, Weprin, Williams, Woerner
 
Add 194-a, Lab L
 
Prohibits employers from seeking salary history from applicants.
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A05308 Actions:

BILL NOA05308B
 
02/08/2019referred to governmental operations
02/26/2019amend and recommit to governmental operations
02/26/2019print number 5308a
03/07/2019amend by restoring to original print 5308
03/19/2019reported referred to codes
06/13/2019reported referred to rules
06/15/2019amend and recommit to rules 5308b
06/17/2019reported
06/17/2019rules report cal.355
06/17/2019ordered to third reading rules cal.355
06/20/2019substituted by s6549
 S06549 AMEND= CARLUCCI
 06/15/2019REFERRED TO RULES
 06/18/2019ORDERED TO THIRD READING CAL.1588
 06/18/2019PASSED SENATE
 06/18/2019DELIVERED TO ASSEMBLY
 06/19/2019referred to codes
 06/20/2019substituted for a5308b
 06/20/2019ordered to third reading rules cal.355
 06/20/2019passed assembly
 06/20/2019returned to senate
 07/09/2019DELIVERED TO GOVERNOR
 07/10/2019SIGNED CHAP.94
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A05308 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:03/19/2019AYE/NAY:10/3 Action: Favorable refer to committee Codes
TitusAyeJohnsNay
GalefAyeGoodellNay
GlickAyeLalorAbsent
KimAyeByrneNay
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:06/13/2019AYE/NAY:17/3 Action: Favorable refer to committee Rules
LentolAyeRaNay
SchimmingerExcusedGiglioNay
PretlowAyeMontesanoAye
CookExcusedMorinelloAye
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/17/2019AYE/NAY:26/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

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A05308 Floor Votes:

There are no votes for this bill in this legislative session.
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A05308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5308--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  CRESPO,  DE LA ROSA,  RIVERA, GALEF, D'URSO,
          PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART,  BLAKE,  LiPE-
          TRI,  DeSTEFANO,  STECK,  BURKE,  RYAN, FALL, FRONTUS, RAYNOR, CRUZ --
          Multi-Sponsored by -- M. of  A.  ABINANTI,  ARROYO,  BRONSON,  DAVILA,
          DenDEKKER,  DINOWITZ,  ENGLEBRIGHT,  EPSTEIN,  GARBARINO, GLICK, GOTT-
          FRIED, HEVESI, HUNTER,  JAFFEE,  JEAN-PIERRE,  JOYNER,  KOLB,  LENTOL,
          LIFTON,   McDONOUGH,  M. G. MILLER,  MONTESANO,  MOSLEY,  NIOU,  OTIS,
          PEOPLES-STOKES, RAIA, L. ROSENTHAL, SEAWRIGHT, SIMON, STIRPE,  TAYLOR,
          THIELE,  TITUS,  WALKER,  WEPRIN,  WILLIAMS,  WOERNER -- read once and
          referred to the Committee  on  Governmental  Operations  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- reported and referred to the Committee on Rules -- Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules
 
        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 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 the wage  or  salary
     9  history  from  an  applicant  or  current  employee 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03224-07-9

        A. 5308--B                          2
 
     1    c.  orally  or in writing seek, request, or require the wage or salary
     2  history of an applicant or current employee from  a  current  or  former
     3  employer,  current  or  former  employee,  or  agent of the applicant or
     4  current employee's current or former employer,  except  as  provided  in
     5  subdivision three of this section.
     6    d.  refuse to interview, hire, promote, otherwise employ, or otherwise
     7  retaliate against an applicant or current employee based upon prior wage
     8  or salary history.
     9    e. refuse to interview, hire, promote, otherwise employ, or  otherwise
    10  retaliate  against  an applicant or current employee because such appli-
    11  cant or current employee did not  provide  wage  or  salary  history  in
    12  accordance with this section.
    13    f.  refuse to interview, hire, promote, otherwise employ, or otherwise
    14  retaliate against an applicant or current or former employee because the
    15  applicant or current or former  employee  filed  a  complaint  with  the
    16  department alleging a violation of this section.
    17    2.  Nothing  in  this  section  shall  prevent an applicant or current
    18  employee from voluntarily, and without prompting, disclosing or  verify-
    19  ing  wage  or  salary  history,  including  but  not  limited to for the
    20  purposes of negotiating wages or salary.
    21    3. An employer may confirm wage or salary history only if at the  time
    22  an  offer  of  employment  with  compensation  is made, the applicant or
    23  current employee responds to the offer by providing prior wage or salary
    24  information to support a wage or  salary  higher  than  offered  by  the
    25  employer.
    26    4.  For the purposes of this section, "employer" shall include but not
    27  be limited to any person, corporation, limited liability company,  asso-
    28  ciation,  labor  organization, or entity employing any individual in any
    29  occupation, industry, trade, business or service, or any agent  thereof.
    30  For the purposes of this section, the term "employer" shall also include
    31  the  state,  any  political subdivision thereof, any public authority or
    32  any other  governmental  entity  or  instrumentality  thereof,  and  any
    33  person,  corporation,  limited  liability company, association or entity
    34  acting as an employment agent, recruiter, or otherwise connecting appli-
    35  cants with employers.
    36    5. An applicant or current or former employee aggrieved by a violation
    37  of this section may bring  a  civil  action  for  compensation  for  any
    38  damages sustained as a result of such violation on behalf of such appli-
    39  cant,  employee,  or  other  persons  similarly situated in any court of
    40  competent jurisdiction. The court may award injunctive relief as well as
    41  reasonable attorneys' fees to a plaintiff who prevails in a civil action
    42  brought under this paragraph.
    43    6. Nothing in this section shall be deemed  to  diminish  the  rights,
    44  privileges,  or  remedies of any applicant or current or former employee
    45  under any other law or regulation or  under  any  collective  bargaining
    46  agreement or employment contract.
    47    7.  This  section  shall not supersede any federal, state or local law
    48  enacted prior to the effective date of this section  that  requires  the
    49  disclosure or verification of salary history information to determine an
    50  employee's compensation.
    51    8.  The department shall conduct a public awareness outreach campaign,
    52  which shall include making information available  on  its  website,  and
    53  otherwise informing employers of the provisions of this section.
    54    § 2. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.
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