Senate Bill S3692A

2019-2020 Legislative Session

Prohibits employers from seeking salary history from prospective employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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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Bill Amendments

2019-S3692 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in 2017-2018 Legislative Session:
S6737

2019-S3692 - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2019-S3692 - Sponsor Memo

2019-S3692 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3692
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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  THREE  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.
   F.  REFUSE TO INTERVIEW, HIRE, PROMOTE, OTHERWISE EMPLOY, OR OTHERWISE
 RETALIATE AGAINST A PROSPECTIVE EMPLOYEE OR CURRENT OR  FORMER  EMPLOYEE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06440-01-9
              

co-Sponsors

2019-S3692A (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §194-a, Lab L
Versions Introduced in 2017-2018 Legislative Session:
S6737

2019-S3692A (ACTIVE) - Summary

Prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign.

2019-S3692A (ACTIVE) - Sponsor Memo

2019-S3692A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3692--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  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 THREE 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.
                                                            LBD06440-02-9
              

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