Bill Text: NY A05308 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

Spectrum: Moderate Partisan Bill (Democrat 51-7)

Status: (Introduced) 2019-03-19 - reported referred to codes [A05308 Detail]

Download: New_York-2019-A05308-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5308--A
                               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 --  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
          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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03224-04-9
        A. 5308--A                          2
     1    d.  refuse to interview, hire, promote, otherwise employ, or otherwise
     2  retaliate against a prospective employee or current or  former  employee
     3  based upon prior wage or salary history.
     4    e.  refuse to interview, hire, promote, otherwise employ, or otherwise
     5  retaliate against a prospective employee because the prospective employ-
     6  ee or current or former employee did not provide wage or salary  history
     7  in accordance with this section.
     8    f.  refuse to interview, hire, promote, otherwise employ, or otherwise
     9  retaliate against a prospective employee or current or  former  employee
    10  because  the  prospective employee or current or former employee filed a
    11  complaint with the department alleging a violation of this section.
    12    2. Nothing in this section shall prevent  a  prospective  employee  or
    13  current  or  former  employee from voluntarily disclosing wage or salary
    14  history, including but not limited to for the  purposes  of  negotiating
    15  wages or salary.
    16    3.  A  prospective employer may confirm wage or salary history only if
    17  at the time an offer  of  employment  with  compensation  is  made,  the
    18  prospective employee or current or former employee responds to the offer
    19  by  providing  prior  wage  information  to  support  a wage higher than
    20  offered by the employer.
    21    4. For the purposes of this section, "employer" shall include but  not
    22  be  limited to any person, corporation, limited liability company, asso-
    23  ciation, labor organization, or entity employing any individual  in  any
    24  occupation,  industry,  trade,  business or service. For the purposes of
    25  this section, the term "employer" shall include the state, any political
    26  subdivision thereof, any public  authority  or  any  other  governmental
    27  entity  or instrumentality thereof, and any person, corporation, limited
    28  liability company, association or entity acting as an employment  agent,
    29  recruiter,  or  otherwise  connecting  prospective  employees  and  with
    30  employers.
    31    5. (a) If the commissioner finds, after notice and an  opportunity  to
    32  be  heard, that an employer has violated the provisions of this section,
    33  the commissioner may by an order which shall describe  particularly  the
    34  nature  of  the  violation,  assess a civil penalty of not more than one
    35  thousand dollars for the first such violation, not more than  two  thou-
    36  sand  dollars  for  a  second violation and not more than three thousand
    37  dollars for a third or subsequent violation. Such penalty shall be  paid
    38  to the commissioner for deposit in the treasury of the state. In assess-
    39  ing the amount of the penalty, the commissioner shall give due consider-
    40  ation  to  the  size  of  the employer's business, the good faith of the
    41  employer, the gravity of the violation,  and  the  history  of  previous
    42  violations.
    43    (b)  A prospective employee or current or former employee aggrieved by
    44  a violation of this section may bring a civil  action  for  compensation
    45  for  any  damages  sustained  as a result of such violation on behalf of
    46  such employee, other persons similarly situated, or both, in  any  court
    47  of competent jurisdiction. The court may award injunctive relief as well
    48  as  reasonable  attorneys'  fees  to a plaintiff who prevails in a civil
    49  action brought under this paragraph.
    50    6. Prospective employees, or current or  former  employees,  may  seek
    51  enforcement  of  the  provisions  of this section, including pursuant to
    52  section one hundred ninety-eight of this article.
    53    7. The department shall conduct a public awareness outreach  campaign,
    54  which  shall  include  making  information available on its website, and
    55  otherwise informing employers of the provisions of this section.
        A. 5308--A                          3
     1    8. This section shall not apply to any actions taken by  an  employer,
     2  employment agency, or employee or agent thereof pursuant to any federal,
     3  state,  or  local  law  or  regulation  that specifically authorizes the
     4  disclosure or verification of salary history information for  employment
     5  purposes,  or specifically requires knowledge of salary history informa-
     6  tion to determine an employee's compensation.
     7    9. The provisions of this section shall not be construed to preempt or
     8  supersede any local law, the provisions of which are no  less  stringent
     9  or restrictive than the provisions of this section.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.