Hiring Legislation Signed by the Governor

The Governor signed into law a bill (see below) that prohibits certain hiring practices related to asking about prior salary.

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 applicant 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 determining 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 competent jurisdiction.

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 enactment.


STATE OF NEW YORK
________________________________________________________________________

6549
2019-2020 Regular Sessions

IN SENATE
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
history inquiries

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
4  shall:
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.
LBD13411-01-9
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
11  employer.
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.

 

NEW YORK STATE SENATE
INTRODUCER’S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S6549               REVISED 06/17/19

SPONSOR: CARLUCCI

TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting wage or salary history inquiries

PURPOSE:

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
promotion.

JUSTIFICATION:

It is time to prohibit employers from seeking salary history from
prospective employees.

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
wage discrimination.

EFFECTIVE DATE:
This act shall take effect 180 days after enactment.