2023 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.