What's happening
This bill prohibits employers in New York from seeking or using wage or salary history in hiring and employment decisions.
Why it matters
Directly targets pay discrimination. By preventing employers from basing new salaries on previous compensation, the bill aims to stop the perpetuation of existing wage gaps, particularly those affecting women and minorities.
Empowers job applicants and employees. Individuals are protected from retaliation if they choose not to disclose salary history, file a complaint, or participate in investigations, increasing their negotiating leverage and sense of security.
Broad applicability and enforcement. The bill applies to virtually all employers—including government entities and recruiters—and provides individuals the right to sue for damages and attorneys’ fees if their rights are violated, making enforcement accessible.
Allows voluntary disclosure and exceptions. Applicants can still share salary history if they wish (for example, to negotiate a higher wage), and employers may verify this information only after an offer is made and only if the applicant volunteers it—ensuring flexibility while maintaining protections.
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Who cares
Job applicants
Employers would be barred from using their salary history to decide whether to hire them or what to pay them.
Current and former employees
The bill would prohibit specified salary-history inquiries and retaliation, and let those harmed by violations sue for damages.
- Likely support
Private employers, government employers and recruiters
They would face restrictions on seeking salary history, with confirmation allowed only when a candidate counters a compensation offer with prior pay information to support higher pay.
New York State Department of Labor
The department would have to conduct a public awareness campaign and inform employers about the new requirements.
Headline styles
Ban Salary History Questions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
2 Co-sponsors
History
- Signed chap.94
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.355
- Substituted for A5308B
- Referred to codes
- Delivered to assembly
- Passed senateVote 43–19
- Ordered to third reading cal.1588
- 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
Assembly Floor Calendar · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6549
2019-2020 Regular Sessions
IN SENATE
June 15, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13411-01-9
S. 6549 2
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.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to prohib- iting wage or salary history inquiries
Purpose
The purpose of this bill is to prevent further wage discrimination by prohibiting employers from asking for wage or salary history as a requirement for a job interview, job application, job offer, or promotion.
Summary of specific provisions
Section 1 of the bill would add a new section 194-a to the Labor Law to prohibit employers from requesting, requiring, or seeking a job appli- cant or current employee's salary or wage history as a condition of employment, a condition to receive an interview, a condition of an offer of employment, or a condition for continued employment or promotion. In addition, employers would also be prohibited from relying on salary or wage history in determining whether to offer employment or in determin- ing what wages or salary to offer an applicant.
This section would also prohibit retaliation by an employer against an applicant or current employee based on their refusal to provide salary or wage history, as well as retaliation against an applicant or current or former employee based on filing a complaint with the Department of Labor alleging a violation of this section. An applicant or employee would be able to voluntarily disclose their salary or wage history.
The term employer would be 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. An aggrieved individual would be able to bring a civil action in a court of competent jurisdiction.
The Department of Labor would also be required to conduct a public awareness campaign to inform employers and the public of this section.
Section 2 would provide for an effective date of 180 days after enact- ment.
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.
Prior legislative history
2017-18: S6737-a/A2040-c - LABOR/passed assembly
Fiscal implications for state and local government
N/A.
Effective date
This act shall take effect 180 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.