What's happening
This bill prohibits employers in New York from asking about or relying on a job applicant's wage or salary history when making employment decisions.
Why it matters
Aims to reduce wage discrimination and close the gender and racial pay gap. by preventing employers from basing new compensation offers on prior salaries, which can perpetuate historical inequities.
Protects job seekers from coercion and retaliation. , ensuring they cannot be penalized for refusing to disclose salary history or for filing complaints about violations, thereby empowering applicants during negotiations.
Establishes clear penalties and enforcement mechanisms. , including civil fines for employers and the right for individuals to seek damages and legal fees in court, which increases accountability and provides meaningful recourse for affected employees.
Requires a public awareness campaign. , meaning both employers and job seekers will be educated about these new rights and responsibilities, improving compliance and worker empowerment across New York State.
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Who cares
Headline styles
Ban Salary History Questions
Plain English, a few words. Used as the page title.
Sponsors
20 Co-sponsors
- Joseph P. Addabbo Jr.
- Marisol Alcantara
- Tony Avella
- Jamaal Bailey
- Phil Boyle
- Neil D. Breslin
- Martin Malavé Dilan
- Jesse Hamilton
- Todd Kaminsky
- Timothy M. Kennedy
- Jeffrey D. Klein
- Liz Krueger
- Kathleen A. Marchione
- José Peralta
- Roxanne J. Persaud
- James Sanders Jr.
- Luis R. Sepúlveda
- Toby Ann Stavisky
- David J. Valesky
- Catharine Young
History
- Referred to labor
- Print number 6737a
- Amend and recommit to rules
- Referred to rules
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 Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6737--A
2017-2018 Regular Sessions
IN SENATE
June 15, 2017
Introduced by Sens. CARLUCCI, ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -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.
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05679-13-7
S. 6737--A 2
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.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to prohibiting wage or salary history inquiries
Purpose
In order to achieve fair pay for all, policymakers must enact laws that prevent wage discrimination. This bill would make it unlawful to ask prospective employees for wage or salary history as a requirement for a job interview, job application, job offer, or promotion.
Summary of specific provisions
Section 1 - The labor law is amended by adding a new section 194-a prohibiting employers from requesting, requiring, or seeking a current or prospective employee's salary or wage history as a condition of employment, a condition to receive an interview, a condition of an offer of employment, a condition for continued employment or promotion. In addition, employers would also be prohibited from relying on salary or wage history in determining the wages or salary of a prospective employee.
This section also prohibits retaliation by an employer against a prospective employee based on the employee's refusal to provide salary or wage history, as well as retaliation against a prospective, future or former employee based on filing a complaint with the Department of Labor alleging a violation of this section.
This section also states that a prospective employee may voluntarily disclose salary or wage history, and provides that a prospective employer may confirm salary history only if the prospective employee provides prior wage information.
The term employer is defined for purposes of this section to include all private employers, including but not limited to, labor organizations, associations, limited liability corporations, trade organizations, persons, and all governmental and public employers.
Remedies including civil and administrative penalties are provided for violations of this section, and it clarifies that an aggrieved employee may bring a civil action in a court of competent jurisdiction.
The department of labor shall conduct a public awareness campaign to inform employers and the public of this section.
Section 2 - Provides for the effective date.
Justification
It is time to prohibit employers from seeking salary history from prospective employees.
This tactic is used by employers to justify their lower pay rate and/or marginal pay increase for employees. This practice is a root cause of continued wage inequality.
Banning this practice should be the first step in enforcing equal pay laws passed by the federal government almost 50 years ago.
The 1963 Equal Pay Act, the 1964 Civil Rights Act and the Lilly Ledbetter Fair Pay Act of 2009 established the legal right for equal pay for equal work. Yet women and minorities are still subjected to wage gaps.
In order to achieve fair pay, policymakers must enact laws that prevent wage discrimination.
Fiscal implications for state and local government
None.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.