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S06549 Summary:

S06549 Actions:

S06549 Committee Votes:

S06549 Floor Votes:

S06549 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6549
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 15, 2019
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- 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 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.
    12    c. orally or in writing seek, request, or require the wage  or  salary
    13  history  of  an  applicant  or current employee from a current or former
    14  employer, current or former employee,  or  agent  of  the  applicant  or
    15  current  employee's  current  or  former employer, except as provided in
    16  subdivision three of this section.
    17    d. refuse to interview, hire, promote, otherwise employ, or  otherwise
    18  retaliate against an applicant or current employee based upon prior wage
    19  or salary history.
    20    e.  refuse to interview, hire, promote, otherwise employ, or otherwise
    21  retaliate against an applicant or current employee because  such  appli-
    22  cant  or  current  employee  did  not  provide wage or salary history in
    23  accordance with this section.
    24    f. refuse to interview, hire, promote, otherwise employ, or  otherwise
    25  retaliate against an applicant or current or former employee because the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13411-01-9
        S. 6549                             2
 
     1  applicant  or  current  or  former  employee  filed a complaint with the
     2  department alleging a violation of this section.
     3    2.  Nothing  in  this  section  shall  prevent an applicant or current
     4  employee from voluntarily, and without prompting, disclosing or  verify-
     5  ing  wage  or  salary  history,  including  but  not  limited to for the
     6  purposes of negotiating wages or salary.
     7    3. An employer may confirm wage or salary history only if at the  time
     8  an  offer  of  employment  with  compensation  is made, the applicant or
     9  current employee responds to the offer by providing prior wage or salary
    10  information to support a wage or  salary  higher  than  offered  by  the
    11  employer.
    12    4.  For the purposes of this section, "employer" shall include but not
    13  be limited to any person, corporation, limited liability company,  asso-
    14  ciation,  labor  organization, or entity employing any individual in any
    15  occupation, industry, trade, business or service, or any agent  thereof.
    16  For the purposes of this section, the term "employer" shall also include
    17  the  state,  any  political subdivision thereof, any public authority or
    18  any other  governmental  entity  or  instrumentality  thereof,  and  any
    19  person,  corporation,  limited  liability company, association or entity
    20  acting as an employment agent, recruiter, or otherwise connecting appli-
    21  cants with employers.
    22    5. An applicant or current or former employee aggrieved by a violation
    23  of this section may bring  a  civil  action  for  compensation  for  any
    24  damages sustained as a result of such violation on behalf of such appli-
    25  cant,  employee,  or  other  persons  similarly situated in any court of
    26  competent jurisdiction. The court may award injunctive relief as well as
    27  reasonable attorneys' fees to a plaintiff who prevails in a civil action
    28  brought under this paragraph.
    29    6. Nothing in this section shall be deemed  to  diminish  the  rights,
    30  privileges,  or  remedies of any applicant or current or former employee
    31  under any other law or regulation or  under  any  collective  bargaining
    32  agreement or employment contract.
    33    7.  This  section  shall not supersede any federal, state or local law
    34  enacted prior to the effective date of this section  that  requires  the
    35  disclosure or verification of salary history information to determine an
    36  employee's compensation.
    37    8.  The department shall conduct a public awareness outreach campaign,
    38  which shall include making information available  on  its  website,  and
    39  otherwise informing employers of the provisions of this section.
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law.