STATE OF NEW YORK
2019-2020 Regular Sessions
June 15, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed 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.
12 c. orally or in writing seek, request, or require the wage or salary
13 history of an applicant or current employee from a current or former
14 employer, current or former employee, or agent of the applicant or
15 current employee's current or former employer, except as provided in
16 subdivision three of this section.
17 d. refuse to interview, hire, promote, otherwise employ, or otherwise
18 retaliate against an applicant or current employee based upon prior wage
19 or salary history.
20 e. refuse to interview, hire, promote, otherwise employ, or otherwise
21 retaliate against an applicant or current employee because such appli-
22 cant or current employee did not provide wage or salary history in
23 accordance with this section.
24 f. refuse to interview, hire, promote, otherwise employ, or otherwise
25 retaliate against an applicant or current or former employee because the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 6549 2
1 applicant or current or former employee filed a complaint with the
2 department alleging a violation of this section.
3 2. Nothing in this section shall prevent an applicant or current
4 employee from voluntarily, and without prompting, disclosing or verify-
5 ing wage or salary history, including but not limited to for the
6 purposes of negotiating wages or salary.
7 3. An employer may confirm wage or salary history only if at the time
8 an offer of employment with compensation is made, the applicant or
9 current employee responds to the offer by providing prior wage or salary
10 information to support a wage or salary higher than offered by the
12 4. For the purposes of this section, "employer" shall include but not
13 be limited to any person, corporation, limited liability company, asso-
14 ciation, labor organization, or entity employing any individual in any
15 occupation, industry, trade, business or service, or any agent thereof.
16 For the purposes of this section, the term "employer" shall also include
17 the state, any political subdivision thereof, any public authority or
18 any other governmental entity or instrumentality thereof, and any
19 person, corporation, limited liability company, association or entity
20 acting as an employment agent, recruiter, or otherwise connecting appli-
21 cants with employers.
22 5. An applicant or current or former employee aggrieved by a violation
23 of this section may bring a civil action for compensation for any
24 damages sustained as a result of such violation on behalf of such appli-
25 cant, employee, or other persons similarly situated in any court of
26 competent jurisdiction. The court may award injunctive relief as well as
27 reasonable attorneys' fees to a plaintiff who prevails in a civil action
28 brought under this paragraph.
29 6. Nothing in this section shall be deemed to diminish the rights,
30 privileges, or remedies of any applicant or current or former employee
31 under any other law or regulation or under any collective bargaining
32 agreement or employment contract.
33 7. This section shall not supersede any federal, state or local law
34 enacted prior to the effective date of this section that requires the
35 disclosure or verification of salary history information to determine an
36 employee's compensation.
37 8. The department shall conduct a public awareness outreach campaign,
38 which shall include making information available on its website, and
39 otherwise informing employers of the provisions of this section.
40 § 2. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law.