A05308 Summary:

BILL NOA05308
 
SAME ASNo Same As
 
SPONSORCrespo (MS)
 
COSPNSRDe La Rosa, Rivera, Galef, D'Urso, Pichardo, Wallace, Reyes, Colton, Lavine, Ortiz, Quart, Blake, LiPetri, DeStefano, Steck, Burke, Ryan, Fall, Frontus
 
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 prospective employees; establishes a public awareness campaign.
Go to top    

A05308 Actions:

BILL NOA05308
 
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
Go to top

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

Go to top

A05308 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5308
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2019
                                       ___________
 
        Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ABINAN-
          TI,  ARROYO,  BRONSON,  DAVILA,  DE LA ROSA,  DINOWITZ,   ENGLEBRIGHT,
          EPSTEIN,  GALEF,  GARBARINO, GLICK, GOTTFRIED, HEVESI, HUNTER, JAFFEE,
          JEAN-PIERRE, JOYNER, KOLB, LENTOL,  LIFTON,  McDONOUGH,  M. G. MILLER,
          MONTESANO,  MOSLEY,  NIOU,  ORTIZ, OTIS, PEOPLES-STOKES, RAIA, RIVERA,
          L. ROSENTHAL, SEAWRIGHT, SIMON, STECK, STIRPE, TAYLOR, THIELE,  TITUS,
          WALKER,  WALLACE,  WEPRIN, WILLIAMS, WOERNER -- read once and referred
          to the Committee on Governmental Operations
 
        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  three  of
    15  this 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.
                                                                   LBD03224-03-9

        A. 5308                             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.
Go to top