S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6549
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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  ASSEM-
 BLY, 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  APPLI-
 CANT  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  VERIFY-
 ING  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,  ASSO-
 CIATION,  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 APPLI-
 CANTS 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 APPLI-
 CANT,  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.