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
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.
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
TITLE OF BILL: An act to amend the labor law, in relation to prohib-
iting wage or salary history inquiries
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
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
This act shall take effect 180 days after enactment.