A06707 Summary:

COSPNSROrtiz, Glick, Barrett, Hunter, Simon, Jean-Pierre, Dinowitz, Titone, D'Urso, Skoufis, Blake, Davila, De La Rosa, Williams, Steck, Simotas, Paulin, Jenne, Seawright, Zebrowski, Lupardo, Gottfried, Mosley, Mayer, Peoples-Stokes, Bichotte, Rosenthal L, Wright, Walker, Colton, Jaffee, Vanel, Raia, Wallace, Fahy, Hooper, Arroyo, Weprin, Sepulveda, Morelle, Lifton, Barron, Richardson, Quart, Cook, Bronson, Carroll, Kolb
MLTSPNSRBuchwald, Crouch, Dickens, Englebright, Epstein, Hevesi, Hyndman, Lentol, McDonough, Montesano, Thiele
Amd §296, Exec L
Prohibits employers from seeking salary history from prospective employees.
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A06707 Actions:

03/16/2017referred to governmental operations
01/03/2018referred to governmental operations
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A06707 Committee Votes:

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A06707 Floor Votes:

There are no votes for this bill in this legislative session.
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A06707 Text:

                STATE OF NEW YORK
            S. 5233                                                  A. 6707
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                     March 16, 2017
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government Operations
        IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
          the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to prohibiting  employers
          from seeking salary history from prospective employees
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 296 of the executive law is amended by adding a new
     2  subdivision 20 to read as follows:
     3    20. (a) No employer, labor organization, employment agency or  licens-
     4  ing agency, or employees or agent shall:
     5    (i)  rely  on  the  wage  history  of  a prospective employee from any
     6  current or former employer of the individual in  determining  the  wages
     7  for  such  individual;  provided that an employer may rely on prior wage
     8  history when it is voluntarily provided by  a  prospective  employee  to
     9  support a wage higher than the wage offered by the employer;
    10    (ii) orally, or in writing, request or require as a condition of being
    11  interviewed,  or  as  a  condition of continuing to be considered for an
    12  offer of employment, or as a condition of employment, that a prospective
    13  employee disclose information about the employee's own  wages  from  any
    14  current or former employer; and
    15    (iii)  orally, or in writing, seek from any current or former employer
    16  the previous wages of any prospective employee; provided, however,  that
    17  an  employer  may  seek  to confirm prior wage information only after an
    18  offer of employment with compensation has been made to  the  prospective
    19  employee and the prospective employee responds to the offer by providing
    20  prior  wage  information  to  support  a wage higher than offered by the
    21  employer.   Under these circumstances, the employer  may  only  seek  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5233                             2                            A. 6707
     1  confirm  prior  wages  after  obtaining  written  authorization  by  the
     2  prospective employee to do so.
     3    The  employer  shall not refuse to hire or otherwise retaliate against
     4  an employee or prospective employee based  upon  prior  wage  or  salary
     5  history  or because the employee or prospective employee has opposed any
     6  act or practice made unlawful by this subdivision.
     7    (b) (i) Any person who violates the provisions of this section shall:
     8    (A) be subject to a civil penalty of five thousand dollars for a first
     9  offense, increased by an additional one thousand dollars for each subse-
    10  quent offense, not to exceed ten thousand dollars; and
    11    (B) be liable to each employee or prospective  employee  who  was  the
    12  subject  of the violation for special damages not to exceed ten thousand
    13  dollars plus attorneys' fees, and shall be subject  to  such  injunctive
    14  relief, or lost wages, as may be appropriate.
    15    (ii)  An  action  to  recover the liability described in clause (B) of
    16  subparagraph (i) of this paragraph may be maintained against any employ-
    17  er in any court of competent jurisdiction by any one or  more  employees
    18  or  prospective employees for and in behalf of himself, herself or them-
    19  selves and other employees similarly situated.
    20    (c) The department of labor, in conjunction with the  New  York  state
    21  division  of  human rights, shall establish a public awareness campaign,
    22  to be publicly posted on their respective websites, informing  employers
    23  in the state that it is illegal to seek salary information from prospec-
    24  tive  employees.  Every  employer shall notify prospective employees, in
    25  writing, of their rights provided under this section.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.
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