What's happening
This bill prohibits employers in New York from asking about or relying on wage or salary history when hiring or promoting.
Why it matters
Aims to address pay equity issues by stopping the cycle of past salary discrimination. By preventing employers from basing offers on prior wages, the bill targets systemic wage gaps that especially impact women and people of color.
Creates strong employee protections against retaliation. Employers cannot punish or refuse to hire, promote, or interview someone for refusing to disclose salary history, for not providing it, or for filing complaints about violations, empowering workers to assert their rights without fear.
Establishes penalties and legal recourse for violations. Employers face escalating civil penalties for repeat offenses, and employees have the right to sue for damages and attorneys’ fees, giving the law real enforcement teeth.
Covers a broad range of employers and mandates public education. Applies to public and private employers, including recruiters and employment agents, and requires a public awareness campaign, ensuring widespread compliance and understanding.
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Who cares
Job applicants and current or former employees
The bill would protect them from prohibited salary-history inquiries and retaliation, while allowing voluntary disclosures and lawsuits for damages.
Private employers and government employers
They would be barred from using applicants’ salary histories to set pay and could face civil penalties of up to $3,000 for a third or subsequent violation.
Recruiters and employment agencies
The bill would include them in its definition of employer, subjecting them to the salary-history restrictions.
New York State Department of Labor
The department would enforce the restrictions and conduct a public awareness campaign to inform employers of the requirements.
Headline styles
Ban Salary History Questions
Plain English, a few words. Used as the page title.
Sponsors
46 Co-sponsors
- Sandy Galef
- Joseph Morelle
- Luis R. Sepúlveda
- Carmen E. Arroyo
- Deborah Glick
- Ellen C. Jaffee
- Earlene Hooper
- Jo Anne Simon
- Jose Rivera
- Michael Montesano
- Latoya Joyner
- Barbara Lifton
- Andrew Hevesi
- Linda Rosenthal
- David McDonough
- Richard Gottfried
- Michael G. Miller
- Rebecca Seawright
- Walter T. Mosley
- Albert A. Stirpe
- Matthew Titone
- Jeffrey Dinowitz
- Kimberly Jean-Pierre
- Pamela J. Hunter
- Carmen De La Rosa
- Harry B. Bronson
- Brian Kolb
- David Weprin
- Thomas Abinanti
- Phil Steck
- Monica P. Wallace
- Anthony Brindisi
- Steven Englebright
- Jaime R. Williams
- Yuh-Line Niou
- Felix Ortiz
- Latrice Walker
- Andrew R. Garbarino
- Andrew Raia
- Al Taylor
- Maritza Davila
- Steven Otis
- Crystal Peoples-Stokes
- Christine Pellegrino
- Michele Titus
- Ari Espinal
4 Multi-sponsors
History
- Referred to labor
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.153
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.470
- Rules report cal.470
- Reported
Show 9 earlier actions
- Reported referred to rules
- Print number 2040c
- Amend and recommit to codes
- Reported referred to codes
- Print number 2040b
- Amend (t) and recommit to governmental operations
- Print number 2040a
- Amend and recommit to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Salary History Questions
In Senate Committee · Labor · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2040--C
2017-2018 Regular Sessions
IN ASSEMBLY
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,… Show allHide
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 recommitted 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 history inquiries
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 194-a to read as follows:
§ 194-a. Wage or salary history inquiries prohibited. 1. No employer shall:
a. rely on the wage or salary history of a prospective employee in determining the wages or salary for such individual.
b. orally or in writing seek, request, or require the wage or salary history from a prospective employee or current or former employee as a condition to be interviewed, or as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion.
c. orally or in writing seek, request, or require the wage or salary history of a prospective employee or current or former employee from a current or former employer except as provided in subdivision 3 of this section.
d. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against a prospective employee or current or former employee based upon prior wage or salary history.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05679-12-7
A. 2040--C 2
e. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against a prospective employee because the prospective employee or current or former employee did not provide wage or salary history in accordance with this section.
f. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against a prospective employee or current or former employee because the prospective employee or current or former employee filed a complaint with the department alleging a violation of this section.
2. Nothing in this section shall prevent a prospective employee or current or former employee from voluntarily disclosing wage or salary history, including but not limited to for the purposes of negotiating wages or salary.
3. A prospective employer may confirm wage or salary history only if at the time an offer of employment with compensation is made, the prospective employee or current or former employee responds to the offer by providing prior wage information to support a wage higher than offered by the employer.
4. For the purposes of this section, "employer" shall include but not be limited to any person, corporation, limited liability company, association, labor organization, or entity employing any individual in any occupation, industry, trade, business or service. For the purposes of this section, the term "employer" shall include the state, any political subdivision thereof, any public authority or any other governmental entity or instrumentality thereof, and any person, corporation, limited liability company, association or entity acting as an employment agent, recruiter, or otherwise connecting prospective employees and with employers.
5. (a) If the commissioner finds, after notice and an opportunity to be heard, that an employer has violated the provisions of this section, the commissioner may by an order which shall describe particularly the nature of the violation, assess a civil penalty of not more than one thousand dollars for the first such violation, not more than two thousand dollars for a second violation and not more than three thousand dollars for a third or subsequent violation. Such penalty shall be paid to the commissioner for deposit in the treasury of the state. In assessing the amount of the penalty, the commissioner shall give due consideration to the size of the employer's business, the good faith of the employer, the gravity of the violation, and the history of previous violations.
(b) A prospective employee or current or former employee aggrieved by a violation of this section may bring a civil action for compensation for any damages sustained as a result of such violation on behalf of such employee, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award injunctive relief as well as reasonable attorneys' fees to a plaintiff who prevails in a civil action brought under this paragraph.
6. Prospective employees, or current or former employees, may seek enforcement of the provisions of this section, including pursuant to section one hundred ninety-eight of this article.
7. The department shall conduct a public awareness outreach campaign, which shall include making information available on its website, and otherwise informing employers of the provisions of this section.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.