NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5308B
SPONSOR: Crespo (MS)
TITLE OF BILL: An act to amend the labor law, in relation to prohib-
iting wage or salary history inquiries
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent further wage discrimination by
prohibiting employers from asking for wage or salary history as a
requirement for a job interview, job application, job offer, or
SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new section 194-a to the Labor Law to
prohibit employers from requesting, requiring, or seeking a job appli-
cant or current employee's salary or wage history as a condition of
employment, a condition to receive an interview, a condition of an offer
of employment, or a condition for continued employment or promotion. In
addition, employers would also be prohibited from relying on salary or
wage history in determining whether to offer employment or in determin-
ing what wages or salary to offer an applicant.
This section would also prohibit retaliation by an employer against an
applicant or current employee based on their refusal to provide salary
or wage history, as well as retaliation against an applicant or current
or former employee based on filing a complaint with the Department of
Labor alleging a violation of this section. An applicant or employee
would be able to voluntarily disclose their salary or wage history.
The term employer would be defined for purposes of this section to
include all private employers, including but not limited to, labor
organizations, associations, limited liability corporations, trade
organizations, persons, and all governmental and public employers. An
aggrieved individual would be able to bring a civil action in a court of
The Department of Labor would also be required to conduct a public
awareness campaign to inform employers and the public of this section.
Section 2 would provide for an effective date of 180 days after enact-
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version makes technical changes and provides that this bill
shall not supersede any federal, state, or local law enacted prior to
the enactment of this section which requires the disclosure or verifica-
tion of salary history information to determine an employee's compen-
It is time to prohibit employers from seeking salary history from
This tactic is used by employers to justify their lower pay rate and/or
marginal pay increase for employees. This practice is a root cause of
continued wage inequality.
Banning this practice should be the first step in enforcing equal pay
laws passed by the federal government almost 50 years ago. The 1963
Equal Pay Act, the 1964 Civil Rights Act and the Lilly Ledbetter Fair
Pay Act of 2009 established the legal right for equal pay for equal
work. Yet women and minorities are still subjected to wage gaps.
In order to achieve fair pay, policymakers must enact laws that prevent
PRIOR LEGISLATIVE HISTORY:
2018: A.2040-C (Crespo) - Passed Assembly
2017: A.2040-C (Crespo) - Passed Assembly
2016: A.5982 (Crespo) - Referred to Governmental Operations Committee
2015: A.5982 (Crespo) - Referred to Governmental Operations Committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This act shall take effect 180 days after enactment.
STATE OF NEW YORK
2019-2020 Regular Sessions
February 8, 2019
Introduced by M. of A. CRESPO, DE LA ROSA, RIVERA, GALEF, D'URSO,
PICHARDO, WALLACE, REYES, COLTON, LAVINE, ORTIZ, QUART, BLAKE, LiPE-
TRI, DeSTEFANO, STECK, BURKE, RYAN, FALL, FRONTUS, RAYNOR, CRUZ --
Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, BRONSON, DAVILA,
DenDEKKER, DINOWITZ, ENGLEBRIGHT, EPSTEIN, GARBARINO, GLICK, GOTT-
FRIED, HEVESI, HUNTER, JAFFEE, JEAN-PIERRE, JOYNER, KOLB, LENTOL,
LIFTON, McDONOUGH, M. G. MILLER, MONTESANO, MOSLEY, NIOU, OTIS,
PEOPLES-STOKES, RAIA, L. ROSENTHAL, SEAWRIGHT, SIMON, STIRPE, TAYLOR,
THIELE, TITUS, WALKER, WEPRIN, WILLIAMS, WOERNER -- read once and
referred to the Committee on Governmental Operations -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Codes
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules
AN ACT to amend the labor law, in relation to prohibiting wage or salary
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 194-a to
2 read as follows:
3 § 194-a. Wage or salary history inquiries prohibited. 1. No employer
5 a. rely on the wage or salary history of an applicant in determining
6 whether to offer employment to such individual or in determining the
7 wages or salary for such individual.
8 b. orally or in writing seek, request, or require the wage or salary
9 history from an applicant or current employee as a condition to be
10 interviewed, or as a condition of continuing to be considered for an
11 offer of employment, or as a condition of employment or promotion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 5308--B 2
1 c. orally or in writing seek, request, or require the wage or salary
2 history of an applicant or current employee from a current or former
3 employer, current or former employee, or agent of the applicant or
4 current employee's current or former employer, except as provided in
5 subdivision three of this section.
6 d. refuse to interview, hire, promote, otherwise employ, or otherwise
7 retaliate against an applicant or current employee based upon prior wage
8 or salary history.
9 e. refuse to interview, hire, promote, otherwise employ, or otherwise
10 retaliate against an applicant or current employee because such appli-
11 cant or current employee did not provide wage or salary history in
12 accordance with this section.
13 f. refuse to interview, hire, promote, otherwise employ, or otherwise
14 retaliate against an applicant or current or former employee because the
15 applicant or current or former employee filed a complaint with the
16 department alleging a violation of this section.
17 2. Nothing in this section shall prevent an applicant or current
18 employee from voluntarily, and without prompting, disclosing or verify-
19 ing wage or salary history, including but not limited to for the
20 purposes of negotiating wages or salary.
21 3. An employer may confirm wage or salary history only if at the time
22 an offer of employment with compensation is made, the applicant or
23 current employee responds to the offer by providing prior wage or salary
24 information to support a wage or salary higher than offered by the
26 4. For the purposes of this section, "employer" shall include but not
27 be limited to any person, corporation, limited liability company, asso-
28 ciation, labor organization, or entity employing any individual in any
29 occupation, industry, trade, business or service, or any agent thereof.
30 For the purposes of this section, the term "employer" shall also include
31 the state, any political subdivision thereof, any public authority or
32 any other governmental entity or instrumentality thereof, and any
33 person, corporation, limited liability company, association or entity
34 acting as an employment agent, recruiter, or otherwise connecting appli-
35 cants with employers.
36 5. An applicant or current or former employee aggrieved by a violation
37 of this section may bring a civil action for compensation for any
38 damages sustained as a result of such violation on behalf of such appli-
39 cant, employee, or other persons similarly situated in any court of
40 competent jurisdiction. The court may award injunctive relief as well as
41 reasonable attorneys' fees to a plaintiff who prevails in a civil action
42 brought under this paragraph.
43 6. Nothing in this section shall be deemed to diminish the rights,
44 privileges, or remedies of any applicant or current or former employee
45 under any other law or regulation or under any collective bargaining
46 agreement or employment contract.
47 7. This section shall not supersede any federal, state or local law
48 enacted prior to the effective date of this section that requires the
49 disclosure or verification of salary history information to determine an
50 employee's compensation.
51 8. The department shall conduct a public awareness outreach campaign,
52 which shall include making information available on its website, and
53 otherwise informing employers of the provisions of this section.
54 § 2. This act shall take effect on the one hundred eightieth day after
55 it shall have become a law.