STATE OF NEW YORK
2017-2018 Regular Sessions
January 17, 2017
Introduced by M. of A. CRESPO, GALEF, MORELLE, SEPULVEDA, ARROYO, GLICK,
JAFFEE, HOOPER, SIMON, RIVERA, MONTESANO, JOYNER, LIFTON, HEVESI,
ROSENTHAL, McDONOUGH, GOTTFRIED, M. G. MILLER, SEAWRIGHT, MOSLEY,
STIRPE, TITONE, DINOWITZ, JEAN-PIERRE, HUNTER, GJONAJ, DE LA ROSA,
BRONSON -- read once and referred to the Committee on Governmental
Operations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, in relation to prohibiting wage or salary
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
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 3 of this
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.
A. 2040--C 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
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
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.