What's happening
This bill prohibits employers in New York from discriminating based on wage or benefit history and restricts related inquiries during hiring.
Why it matters
Empowers employees to discuss wages and benefits. By prohibiting employers from restricting conversations about pay or benefits, the bill helps workers share information, which can expose pay disparities and support collective bargaining or equal pay efforts.
Reduces risk of perpetuating wage gaps. Preventing employers from considering or inquiring about prior salary or benefit history breaks cycles where past underpayment—often affecting women and minorities—continues to influence future compensation.
Strengthens protections against retaliation. Explicitly forbidding employer retaliation for discussing wages, filing complaints, or participating in investigations ensures employees can assert their rights or report violations without fear of negative consequences.
Limits exceptions to protect privacy. The bill allows employers to restrict disclosure of wage information only for employees (like those in HR) who have special access and only with written consent or if the information is public, balancing transparency with privacy concerns.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Wage History Discrimination
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5669
2017-2018 Regular Sessions
IN ASSEMBLY
February 14, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting discrimination based upon wage and benefit history
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 194 of the labor law is amended by adding a new subdivision 5 to read as follows:
5. No employer shall:
(a) require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employee's own wages, including benefits or other compensation, or about any other employee's wages;
(b) screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant's prior wages, including benefits or other compensation or salary history satisfy minimum or maximum criteria; or request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, that an applicant disclose prior wages or salary history;
(c) seek the salary history of any prospective employee from any current or former employer; provided, however, that a prospective employee may provide written authorization to a prospective employer to confirm prior wages, including benefits or other compensation or salary history only after any offer of employment with compensation has been made to the prospective employee;
(d) discharge or in any other manner retaliate against any employee because the employee:
(i) opposed any act or practice made unlawful by this section;
(ii) made or is about to make a complaint or has caused or is about to cause to be instituted any proceeding under this section;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09810-01-7
A. 5669 2
(iii) testified or is about to testify, assist or participate in any manner in an investigation or proceeding under this section; or
(iv) disclosed the employee's wages, benefits or other compensation or has inquired about or discussed the wages of any other employee; or
(e) contract with an employee to avoid complying with this subdivision, or by any other means exempt itself from this subdivision; provided, however, that an employer may prohibit a human resources employee, or any other employee whose job responsibilities require access to other employees' compensation information, from disclosing such information without prior written consent from the employee whose information is sought or requested, unless the compensation information is public.
§ 2. This act shall take effect immediately.
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.