Senate Bill S5233

2017-2018 Legislative Session

Prohibits employers from seeking salary history from prospective employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S5233 (ACTIVE) - Details

See Assembly Version of this Bill:
A6707
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2017-S5233 (ACTIVE) - Summary

Prohibits employers from seeking salary history from prospective employees.

2017-S5233 (ACTIVE) - Sponsor Memo

2017-S5233 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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