S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5233                                                  A. 6707
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
   the Committee on Governmental Operations

 AN ACT to amend the executive law, in relation to prohibiting  employers
   from seeking salary history from prospective employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 20 to read as follows:
   20. (A) NO EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY OR  LICENS-
 ING AGENCY, OR EMPLOYEES OR AGENT SHALL:
   (I)  RELY  ON  THE  WAGE  HISTORY  OF  A PROSPECTIVE EMPLOYEE FROM ANY
 CURRENT OR FORMER EMPLOYER OF THE INDIVIDUAL IN  DETERMINING  THE  WAGES
 FOR  SUCH  INDIVIDUAL;  PROVIDED THAT AN EMPLOYER MAY RELY ON PRIOR WAGE
 HISTORY WHEN IT IS VOLUNTARILY PROVIDED BY  A  PROSPECTIVE  EMPLOYEE  TO
 SUPPORT A WAGE HIGHER THAN THE WAGE OFFERED BY THE EMPLOYER;
   (II) ORALLY, OR IN WRITING, REQUEST OR REQUIRE AS A CONDITION OF BEING
 INTERVIEWED,  OR  AS  A  CONDITION OF CONTINUING TO BE CONSIDERED FOR AN
 OFFER OF EMPLOYMENT, OR AS A CONDITION OF EMPLOYMENT, THAT A PROSPECTIVE
 EMPLOYEE DISCLOSE INFORMATION ABOUT THE EMPLOYEE'S OWN  WAGES  FROM  ANY
 CURRENT OR FORMER EMPLOYER; AND
   (III)  ORALLY, OR IN WRITING, SEEK FROM ANY CURRENT OR FORMER EMPLOYER
 THE PREVIOUS WAGES OF ANY PROSPECTIVE EMPLOYEE; PROVIDED, HOWEVER,  THAT
 AN  EMPLOYER  MAY  SEEK  TO CONFIRM PRIOR WAGE INFORMATION ONLY AFTER AN
 OFFER OF EMPLOYMENT WITH COMPENSATION HAS BEEN MADE TO  THE  PROSPECTIVE
 EMPLOYEE AND THE PROSPECTIVE EMPLOYEE RESPONDS TO THE OFFER BY PROVIDING
 PRIOR  WAGE  INFORMATION  TO  SUPPORT  A WAGE HIGHER THAN OFFERED BY THE
 EMPLOYER.   UNDER THESE CIRCUMSTANCES, THE EMPLOYER  MAY  ONLY  SEEK  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10209-02-7

 S. 5233                             2                            A. 6707
 
 CONFIRM  PRIOR  WAGES  AFTER  OBTAINING  WRITTEN  AUTHORIZATION  BY  THE
 PROSPECTIVE EMPLOYEE TO DO SO.
   THE  EMPLOYER  SHALL NOT REFUSE TO HIRE OR OTHERWISE RETALIATE AGAINST
 AN EMPLOYEE OR PROSPECTIVE EMPLOYEE BASED  UPON  PRIOR  WAGE  OR  SALARY
 HISTORY  OR BECAUSE THE EMPLOYEE OR PROSPECTIVE EMPLOYEE HAS OPPOSED ANY
 ACT OR PRACTICE MADE UNLAWFUL BY THIS SUBDIVISION.
   (B) (I) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL:
   (A) BE SUBJECT TO A CIVIL PENALTY OF FIVE THOUSAND DOLLARS FOR A FIRST
 OFFENSE, INCREASED BY AN ADDITIONAL ONE THOUSAND DOLLARS FOR EACH SUBSE-
 QUENT OFFENSE, NOT TO EXCEED TEN THOUSAND DOLLARS; AND
   (B) BE LIABLE TO EACH EMPLOYEE OR PROSPECTIVE  EMPLOYEE  WHO  WAS  THE
 SUBJECT  OF THE VIOLATION FOR SPECIAL DAMAGES NOT TO EXCEED TEN THOUSAND
 DOLLARS PLUS ATTORNEYS' FEES, AND SHALL BE SUBJECT  TO  SUCH  INJUNCTIVE
 RELIEF, OR LOST WAGES, AS MAY BE APPROPRIATE.
   (II)  AN  ACTION  TO  RECOVER THE LIABILITY DESCRIBED IN CLAUSE (B) OF
 SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE MAINTAINED AGAINST ANY EMPLOY-
 ER IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE OR  MORE  EMPLOYEES
 OR  PROSPECTIVE EMPLOYEES FOR AND IN BEHALF OF HIMSELF, HERSELF OR THEM-
 SELVES AND OTHER EMPLOYEES SIMILARLY SITUATED.
   (C) THE DEPARTMENT OF LABOR, IN CONJUNCTION WITH THE  NEW  YORK  STATE
 DIVISION  OF  HUMAN RIGHTS, SHALL ESTABLISH A PUBLIC AWARENESS CAMPAIGN,
 TO BE PUBLICLY POSTED ON THEIR RESPECTIVE WEBSITES, INFORMING  EMPLOYERS
 IN THE STATE THAT IT IS ILLEGAL TO SEEK SALARY INFORMATION FROM PROSPEC-
 TIVE  EMPLOYEES.  EVERY  EMPLOYER SHALL NOTIFY PROSPECTIVE EMPLOYEES, IN
 WRITING, OF THEIR RIGHTS PROVIDED UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.