Amd §194-b, Lab L (as proposed in S.9427-A & A.10477)
Relates to disclosure and advertisement of a job, promotion, or transfer opportunity that will physically be performed, at least in part, in the state of New York, including a job, promotion, or transfer opportunity that will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York; defines "advertise" to mean to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity; makes technical corrections.
STATE OF NEW YORK
________________________________________________________________________
1326
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to disclosure and advertise-
ment of a job, promotion, or transfer opportunity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 194-b of the labor law, as added by a chapter of
2 the laws of 2022 amending the labor law relating to requiring employers
3 to disclose compensation or range of compensation to applicants
4 and employees, as proposed in legislative bills numbers S. 9427-A and A.
5 10477, is amended to read as follows:
6 § 194-b. Mandatory disclosure of compensation or range of compen-
7 sation. 1. a. No employer, employment agency, employee, or agent there-
8 of shall advertise a job, promotion, or transfer opportunity that [can
9 or] will physically be performed, at least in part, in the state of New
10 York, including a job, promotion, or transfer opportunity that will
11 physically be performed outside of New York but reports to a supervisor,
12 office, or other work site in New York without disclosing the following:
13 (i) the compensation or a range of compensation for such job,
14 promotion, or transfer opportunity; and
15 (ii) the job description for such job, promotion, or transfer opportu-
16 nity, if such description exists.
17 b. [Advertisements] An employer, employment agency, employee, or agent
18 thereof advertising for [jobs] a job, [promotions] promotion, or trans-
19 fer [opportunities] opportunity paid solely on commission shall maintain
20 compliance with subparagraph (i) of paragraph a of this subdivision by
21 disclosing [in writing in] a general statement that compensation shall
22 be based on commission.
23 2. No employer shall refuse to interview, hire, promote, employ or
24 otherwise retaliate against an applicant or current employee for exer-
25 cising any rights under this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04316-01-3
S. 1326 2
1 3. The commissioner shall promulgate rules and regulations to effectu-
2 ate the provisions of this section.
3 4. The department shall conduct a public awareness outreach campaign,
4 which shall include making information available on its website and
5 otherwise informing employers of the provisions of this section.
6 5. a. Any person claiming to be aggrieved by a violation of this
7 section may file with the commissioner a complaint regarding such
8 alleged violation for an investigation of such complaint and statement
9 setting the appropriate remedy, if any, pursuant to the provisions of
10 section one hundred ninety-six-a of this article.
11 b. An employer who fails to comply with any requirement of this
12 section or any regulation published thereunder shall be deemed in
13 violation of this section and shall be subject to a civil penalty in
14 accordance with section two hundred eighteen of this chapter.
15 6. [An employer shall keep and maintain necessary records to comply
16 with the requirements of this section including, but not limited to, the
17 history of compensation ranges for each job, promotion, or transfer
18 opportunity and the job descriptions for such positions, if such
19 descriptions exist.
20 7.] For the purposes of this section the following terms shall have
21 the following meanings:
22 a. "range of compensation" shall mean the minimum and maximum annual
23 salary or hourly range of compensation for a job, promotion, or transfer
24 opportunity that the employer in good faith believes to be accurate at
25 the time of the posting of an advertisement for such opportunity.
26 b. "employer" shall mean:
27 (i) any person, corporation, limited liability company, association,
28 labor organization or entity employing four or more employees in any
29 occupation, industry, trade, business or service, or any agent thereof;
30 and
31 (ii) any person, corporation, limited liability company, association
32 or entity acting as an employment agent or recruiter, or otherwise
33 connecting applicants with employers, provided that "employer" shall not
34 include a temporary help firm as such term is defined by subdivision
35 five of section nine hundred sixteen of this chapter.
36 c. "advertise" shall mean to make available to a pool of potential
37 applicants for internal or public viewing, including electronically, a
38 written description of an employment opportunity.
39 [8] 7. The provisions of this section shall not be construed or inter-
40 preted to supersede or preempt any provisions of local law, rules, or
41 regulations.
42 § 2. This act shall take effect on the same date and in the same
43 manner as a chapter of the laws of 2022 amending the labor law relat-
44 ing to requiring employers to disclose compensation or range of
45 compensation to applicants and employees, as proposed in legislative
46 bills numbers S. 9427-A and A. 10477, takes effect.
