S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6737--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced by Sens. CARLUCCI, ALCANTARA -- read twice and ordered print-
   ed,  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 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  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 EMPLOY-
 EE  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,  ASSO-
 CIATION,  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 THOU-
 SAND 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 ASSESS-
 ING THE AMOUNT OF THE PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDER-
 ATION 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.