New York A 1289: Prohibits employers from asking job applicants about salary expectations and allowing job applicants to request the included benefits for the position they are applying for

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A01289 Summary:

BILL NOA01289 

&nbsp

SAME ASSAME AS S05828

&nbsp

SPONSORClark

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §§194-c & 194-d, Lab L

&nbsp

Prohibits employers from asking job applicants about salary expectations; allows job applicants to request the included benefits for the position they are applying for.

Go to top A01289 Actions:

BILL NOA01289 

&nbsp

01/09/2025referred to labor

01/07/2026referred to labor

Go to topA01289 Committee&nbspVotes:

Go to topA01289 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01289 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1289

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. CLARK -- read once and referred 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

 A. 1289 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 c