What's happening
This bill prohibits employers in New York from seeking or relying on wage or salary history of job applicants or employees.
Why it matters
Helps reduce wage discrimination and closes pay gaps. By forbidding employers from seeking or using prior salary history, the bill aims to prevent historic wage inequalities (such as those based on gender or race) from being perpetuated in new jobs or promotions.
Empowers job seekers and employees in negotiations. Applicants can still voluntarily disclose their salary history if they believe it benefits them, putting more control in their hands during compensation discussions.
Provides strong protections and recourse. The bill allows individuals to sue for damages and legal fees if an employer violates these rules, and explicitly prohibits retaliation against those who assert their rights or file complaints.
Applies broadly and ensures awareness. The law covers nearly all employers, including public and private entities as well as recruiters, and instructs the Department of Labor to actively inform employers about these new requirements.
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Who cares
Headline styles
Ban Salary History Questions
Plain English, a few words. Used as the page title.
Sponsors
21 Co-sponsors
38 Multi-sponsors
- Thomas Abinanti
- Carmen E. Arroyo
- Harry B. Bronson
- Maritza Davila
- Michael DenDekker
- Jeffrey Dinowitz
- Steven Englebright
- Harvey Epstein
- Andrew R. Garbarino
- Deborah Glick
- Richard Gottfried
- Andrew Hevesi
- Pamela J. Hunter
- Ellen C. Jaffee
- Kimberly Jean-Pierre
- Latoya Joyner
- Brian Kolb
- Joseph Lentol
- Barbara Lifton
- David McDonough
- Michael G. Miller
- Michael Montesano
- Walter T. Mosley
- Yuh-Line Niou
- Steven Otis
- Crystal Peoples-Stokes
- Andrew Raia
- Linda Rosenthal
- Rebecca Seawright
- Jo Anne Simon
- Albert A. Stirpe
- Al Taylor
- Fred Thiele
- Michele Titus
- Latrice Walker
- David Weprin
- Jaime R. Williams
- Carrie Woerner
History
- Substituted by S6549
- Ordered to third reading rules cal.355
- Rules report cal.355
- Reported
- Amend and recommit to rules 5308b
- Reported referred to rules
- Reported referred to codes
- Amend by restoring to original print 5308
- Print number 5308a
- 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
Signed by Governor · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5308--B
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. CRESPO, DE LA ROSA, RIVERA, GALEF, D'URSO, PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART, BLAKE, LiPE- TRI, DeSTEFANO, STECK, BURKE, RYAN, FALL, FRONTUS, RAYNOR, CRUZ -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, BRONSON,… Show allHide
Introduced by M. of A. CRESPO, DE LA ROSA, RIVERA, GALEF, D'URSO, PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART, BLAKE, LiPE- TRI, DeSTEFANO, STECK, BURKE, RYAN, FALL, FRONTUS, RAYNOR, CRUZ -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, BRONSON, DAVILA, DenDEKKER, DINOWITZ, ENGLEBRIGHT, EPSTEIN, GARBARINO, GLICK, GOTT- FRIED, HEVESI, HUNTER, JAFFEE, JEAN-PIERRE, JOYNER, KOLB, LENTOL, LIFTON, McDONOUGH, M. G. MILLER, MONTESANO, MOSLEY, NIOU, OTIS, PEOPLES-STOKES, RAIA, L. ROSENTHAL, SEAWRIGHT, SIMON, STIRPE, TAYLOR, THIELE, TITUS, WALKER, 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 -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules
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 an applicant in determining whether to offer employment to such individual or in determining the wages or salary for such individual.
b. orally or in writing seek, request, or require the wage or salary history from an applicant or current 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03224-07-9
A. 5308--B 2
c. orally or in writing seek, request, or require the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer, except as provided in subdivision three of this section.
d. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee based upon prior wage or salary history.
e. refuse to interview, hire, promote, otherwise employ, or otherwise retaliate against an applicant or current employee because such applicant or current 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 an applicant or current or former employee because the applicant or current or former employee filed a complaint with the department alleging a violation of this section.
2. Nothing in this section shall prevent an applicant or current employee from voluntarily, and without prompting, disclosing or verifying wage or salary history, including but not limited to for the purposes of negotiating wages or salary.
3. An employer may confirm wage or salary history only if at the time an offer of employment with compensation is made, the applicant or current employee responds to the offer by providing prior wage or salary information to support a wage or salary 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, or any agent thereof. For the purposes of this section, the term "employer" shall also 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 applicants with employers.
5. An applicant 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 applicant, employee, or other persons similarly situated 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. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any applicant or current or former employee under any other law or regulation or under any collective bargaining agreement or employment contract.
7. This section shall not supersede any federal, state or local law enacted prior to the effective date of this section that requires the disclosure or verification of salary history information to determine an employee's compensation.
8. 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.
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