New York Senate Bill S05828 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5828 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to prohibiting employers from asking job applicants about salary expectations and allowing job applicants to request the included benefits for the position they are applying for 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 two new sections 194-c 2 and 194-d to read as follows: 3 § 194-c. Salary expectation inquiries prohibited. 1. No employer 4 shall: 5 a. rely on the salary expectations 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 an applicant or 9 current employee to disclose salary expectations 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. refuse to interview, hire, promote, otherwise employ, or otherwise 13 retaliate against an applicant or current employee based upon stated 14 salary expectations. 15 d. refuse to interview, hire, promote, otherwise employ, or otherwise 16 retaliate against an applicant or current employee because such appli- 17 cant or current employee did not provide salary expectations in accord- 18 ance with this section. 19 e. refuse to interview, hire, promote, otherwise employ, or otherwise 20 retaliate against an applicant or current or former employee because the 21 applicant or current or former employee filed a complaint with the 22 department alleging a violation of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02614-01-5 
 S. 5828 2 1 2. Nothing in this section shall prevent an applicant or current 2 employee from voluntarily, and without prompting, disclosing or verify- 3 ing salary expectations, including but not limited to for the purposes 4 of negotiating wages or salary. 5 3. An employer may confirm salary expectations only if at the time an 6 offer of employment with compensation is made, the applicant or current 7 employee responds to the offer by providing salary expectations to 8 support a wage or salary higher than offered by the employer. 9 4. For the purposes of this section, "employer" shall include but not 10 be limited to any person, corporation, limited liability company, asso- 11 ciation, labor organization, or entity employing any individual in any 12 occupation, industry, trade, business or service, or any agent thereof. 13 For the purposes of this section, the term "employer" shall also include 14 the state, any political subdivision thereof, any public authority or 15 any other governmental entity or instrumentality thereof, and any 16 person, corporation, limited liability company, association or entity 17 acting as an employment agent, recruiter, or otherwise connecting appli- 18 cants with employers. 19 5. An applicant or current or former employee aggrieved by a violation 20 of this section may bring a civil action for compensation for any 21 damages sustained as a result of such violation on behalf of such appli- 22 cant, employee, or other persons similarly situated in any court of 23 competent jurisdiction. The court may award injunctive relief as well as 24 reasonable attorneys' fees to a plaintiff who prevails in a civil action 25 brought under this section. 26 6. Nothing in this section shall be deemed to diminish the rights, 27 privileges, or remedies of any applicant or current or former employee 28 under any other law or regulation or under any collective bargaining 29 agreement or employment contract. 30 7. This section shall not supersede any federal, state or local law 31 enacted prior to the effective date of this section that requires the 32 disclosure or verification of salary history information to determine an 33 employee's compensation. 34 8. The department shall conduct a public awareness outreach campaign, 35 which shall include making information available on its website, and 36 otherwise informing employers of the provisions of this section. 37 § 194-d. Applicant request for benefit information. An applicant shall 38 be permitted to request and shall be provided with information regarding 39 employment benefits to be included with a job that an applicant is 40 applying for with a prospective or current employer. 41 § 2. This act shall take effect on the ninetieth day after it shall 42 have become a law.