Requires employers to disclose compensation or range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing or upon employee request.
STATE OF NEW YORK
________________________________________________________________________
6529--B
Cal. No. 430
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. JOYNER, JACKSON, STECK, JACOBSON, SIMON, DINOW-
ITZ, SEAWRIGHT, LUNSFORD, CLARK, BRONSON, CRUZ, REYES, GONZALEZ-ROJAS,
BURGOS, EPSTEIN, MEEKS, MAMDANI, GALLAGHER, GOTTFRIED, DAVILA, SAYEGH,
JEAN-PIERRE, WALLACE, GALEF, L. ROSENTHAL, NIOU -- read once and
referred to the Committee on Labor -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Codes in accordance with Assem-
bly Rule 3, sec. 2 -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and
employees
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 a new section 194-b to
2 read as follows:
3 § 194-b. Mandatory disclosure of compensation or range of compen-
4 sation. 1. a. No employer, employment agency, employee, or agent there-
5 of shall advertise a job, promotion, or transfer opportunity that can or
6 will be performed, at least in part, in the state of New York, without
7 disclosing the following:
8 (i) the compensation or a range of compensation for such job,
9 promotion, or transfer opportunity;
10 (ii) the job description for such job, promotion, or transfer opportu-
11 nity, if such description exists; and
12 (iii) a general description of other forms of compensation to be
13 offered if applicable, including but not limited to fringe benefits,
14 bonuses, stock options, or commissions.
15 b. Advertisements for jobs, promotions, or transfer opportunities paid
16 solely on commission shall maintain compliance with subparagraph (i) of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10082-05-2
A. 6529--B 2
1 paragraph a of this subdivision by disclosing in writing in a general
2 statement that compensation shall be based on commission.
3 2. No employer shall refuse to interview, hire, promote, employ or
4 otherwise retaliate against an applicant or current employee for exer-
5 cising any rights under this section.
6 3. The commissioner may promulgate rules and regulations to effectuate
7 the provisions of this section.
8 4. The department shall conduct a public awareness outreach campaign,
9 which shall include making information available on its website and
10 otherwise informing employers of the provisions of this section.
11 5. a. Any person claiming to be aggrieved by a violation of this
12 section may file with the commissioner a complaint regarding such
13 alleged violation for an investigation of such complaint and statement
14 setting the appropriate remedy, if any, pursuant to the provisions of
15 section one hundred ninety-six-a of this article.
16 b. An employer who fails to comply with any requirement of this
17 section or any regulation published thereunder shall be deemed in
18 violation of this section and shall be subject to a civil penalty in
19 accordance with section two hundred eighteen of this chapter.
20 6. An employer shall keep and maintain necessary records to comply
21 with the requirements of this section including, but not limited to, the
22 history of compensation ranges for each job, promotion, or transfer
23 opportunity and the job descriptions for such positions, if such
24 descriptions exist.
25 7. For the purposes of this section the following terms shall have the
26 following meanings:
27 a. "range of compensation" shall mean the minimum and maximum annual
28 salary or hourly range of compensation for a job, promotion, or transfer
29 opportunity that the employer in good faith believes to be accurate at
30 the time of the posting of an advertisement for such opportunity.
31 b. "employer" shall mean:
32 (i) any person, corporation, limited liability company, association,
33 labor organization or entity employing four or more employees in any
34 occupation, industry, trade, business or service, or any agent thereof;
35 and
36 (ii) any person, corporation, limited liability company, association
37 or entity acting as an employment agent or recruiter, or otherwise
38 connecting applicants with employers, provided that "employer" shall not
39 include a temporary help firm as such term is defined by subdivision
40 five of section nine hundred sixteen of this chapter.
41 8. The provisions of this section shall not be construed or interpret-
42 ed to supersede or preempt any provisions of local law, rules, or regu-
43 lations.
44 § 2. This act shall take effect on the two hundred seventieth day
45 after it shall have become a law.
