N.Y. Labor Law § 194-a: Wage or salary history inquiries prohibited

§ 194-a. Wage or salary history inquiries prohibited. 1. No employer

shall:

a. rely on the wage or salary history of an applicant in determining

whether to offer employment to such individual or in determining the

wages or salary for such individual.

b. orally or in writing seek, request, or require the wage or salary

history from an applicant or current 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 an applicant or current employee from a current or former

employer, current or former employee, or agent of the applicant or

current employee's 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 an applicant or current employee based upon prior wage

or salary history.

e. refuse to interview, hire, promote, otherwise employ, or otherwise

retaliate against an applicant or current employee because such

applicant or current 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 an applicant or current or former employee because the

applicant or current or former employee filed a complaint with the

department alleging a violation of this section.

2. Nothing in this section shall prevent an applicant or current

employee from voluntarily, and without prompting, disclosing or

verifying wage or salary history, including but not limited to for the

purposes of negotiating wages or salary.

3. An employer may confirm wage or salary history only if at the time

an offer of employment with compensation is made, the applicant or

current employee responds to the offer by providing prior wage or salary

information to support a wage or salary higher than offered by the

employer.

4. For the purposes of this section, "employer" shall include but not

be limited to any person, corporation, limited liability company,

association, labor organization, or entity employing any individual in

any occupation, industry, trade, business or service, or any agent

thereof. For the purposes of this section, the term "employer" shall

also include the state, any political subdivision thereof, any public

authority or any other governmental entity or instrumentality thereof,

and any person, corporation, limited liability company, association or

entity acting as an employment agent, recruiter, or otherwise connecting

applicants with employers.

5. An applicant or current or former employee aggrieved by a violation

of this section may bring a civil action for compensation for any

damages sustained as a result of such violation on behalf of such

applicant, employee, or other persons similarly situated in any court of

competent jurisdiction. The court may award injunctive relief as well as

reasonable attorneys' fees to a plaintiff who prevails in a civil action

brought under this paragraph.

6. Nothing in this section shall be deemed to diminish the rights,

privileges, or remedies of any applicant or current or former employee

under any other law or regulation or under any collective bargaining

agreement or employment contract.

7. This section shall not supersede any federal, state or local law

enacted prior to the effective date of this section that requires the

disclosure or verification of salary history information to determine an

employee's compensation.

8. The department shall conduct a public awareness outreach campaign,

which shall include making information available on its website, and

otherwise informing employers of the provisions of this section.