NY Lab L § 194-A (2021)
2021 New York Laws LAB - Labor Article 6 - Payment of Wages 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.