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S09427 Summary:

S09427 Actions:

S09427 Committee Votes:

S09427 Floor Votes:

S09427 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9427--A
 
                    IN SENATE
 
                                      May 26, 2022
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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; and
    10    (ii) the job description for such job, promotion, or transfer opportu-
    11  nity, if such description exists.
    12    b. Advertisements for jobs, promotions, or transfer opportunities paid
    13  solely on commission shall maintain compliance with subparagraph (i)  of
    14  paragraph  a  of  this subdivision by disclosing in writing in a general
    15  statement that compensation shall be based on commission.
    16    2. No employer shall refuse to interview,  hire,  promote,  employ  or
    17  otherwise  retaliate  against an applicant or current employee for exer-
    18  cising any rights under this section.
    19    3. The commissioner shall promulgate rules and regulations to effectu-
    20  ate the provisions of this section.
    21    4. The department shall conduct a public awareness outreach  campaign,
    22  which  shall  include  making  information  available on its website and
    23  otherwise informing employers of the provisions of this section.
    24    5. a. Any person claiming to be  aggrieved  by  a  violation  of  this
    25  section  may  file  with  the  commissioner  a  complaint regarding such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15971-02-2
        S. 9427--A                          2
 
     1  alleged violation for an investigation of such complaint  and  statement
     2  setting  the  appropriate  remedy, if any, pursuant to the provisions of
     3  section one hundred ninety-six-a of this article.
     4    b.  An  employer  who  fails  to  comply  with any requirement of this
     5  section or any  regulation  published  thereunder  shall  be  deemed  in
     6  violation  of  this  section  and shall be subject to a civil penalty in
     7  accordance with section two hundred eighteen of this chapter.
     8    6. An employer shall keep and maintain  necessary  records  to  comply
     9  with the requirements of this section including, but not limited to, the
    10  history  of  compensation  ranges  for  each job, promotion, or transfer
    11  opportunity and  the  job  descriptions  for  such  positions,  if  such
    12  descriptions exist.
    13    7. For the purposes of this section the following terms shall have the
    14  following meanings:
    15    a.  "range  of compensation" shall mean the minimum and maximum annual
    16  salary or hourly range of compensation for a job, promotion, or transfer
    17  opportunity that the employer in good faith believes to be  accurate  at
    18  the time of the posting of an advertisement for such opportunity.
    19    b. "employer" shall mean:
    20    (i)  any  person, corporation, limited liability company, association,
    21  labor organization or entity employing four or  more  employees  in  any
    22  occupation,  industry, trade, business or service, or any agent thereof;
    23  and
    24    (ii) any person, corporation, limited liability  company,  association
    25  or  entity  acting  as  an  employment  agent or recruiter, or otherwise
    26  connecting applicants with employers, provided that "employer" shall not
    27  include a temporary help firm as such term  is  defined  by  subdivision
    28  five of section nine hundred sixteen of this chapter.
    29    8. The provisions of this section shall not be construed or interpret-
    30  ed  to supersede or preempt any provisions of local law, rules, or regu-
    31  lations.
    32    § 2. This act shall take effect on  the  two  hundred  seventieth  day
    33  after it shall have become a law.