•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S05598 Summary:

BILL NOS05598D
 
SAME ASSAME AS A06529-B
 
SPONSORRAMOS
 
COSPNSRBIAGGI, BROUK, COONEY, JACKSON, KRUEGER, MAYER, MYRIE, RIVERA, SALAZAR, SANDERS, SAVINO, THOMAS
 
MLTSPNSR
 
Add §194-b, Lab L
 
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.
Go to top

S05598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5598--D
            Cal. No. 1287
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     March 11, 2021
                                       ___________
 
        Introduced  by  Sens.  RAMOS,  BIAGGI,  BROUK, COONEY, JACKSON, KRUEGER,
          MAYER, MYRIE, RIVERA, SALAZAR, SANDERS, SAVINO, THOMAS --  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  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee on Labor in accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10037-06-2

        S. 5598--D                          2
 
     1    b. Advertisements for jobs, promotions, or transfer opportunities paid
     2  solely on commission shall maintain compliance with subparagraph (i)  of
     3  paragraph  a  of  this subdivision by disclosing in writing in a general
     4  statement that compensation shall be based on commission.
     5    2.  No  employer  shall  refuse to interview, hire, promote, employ or
     6  otherwise retaliate against an applicant or current employee  for  exer-
     7  cising any rights under this section.
     8    3. The commissioner may promulgate rules and regulations to effectuate
     9  the provisions of this section.
    10    4.  The department shall conduct a public awareness outreach campaign,
    11  which shall include making information  available  on  its  website  and
    12  otherwise informing employers of the provisions of this section.
    13    5.  a.  Any  person  claiming  to  be aggrieved by a violation of this
    14  section may file  with  the  commissioner  a  complaint  regarding  such
    15  alleged  violation  for an investigation of such complaint and statement
    16  setting the appropriate remedy, if any, pursuant to  the  provisions  of
    17  section one hundred ninety-six-a of this article.
    18    b.  An  employer  who  fails  to  comply  with any requirement of this
    19  section or any  regulation  published  thereunder  shall  be  deemed  in
    20  violation  of  this  section  and shall be subject to a civil penalty in
    21  accordance with section two hundred eighteen of this chapter.
    22    6. An employer shall keep and maintain  necessary  records  to  comply
    23  with the requirements of this section including, but not limited to, the
    24  history  of  compensation  ranges  for  each job, promotion, or transfer
    25  opportunity and  the  job  descriptions  for  such  positions,  if  such
    26  descriptions exist.
    27    7. For the purposes of this section the following terms shall have the
    28  following meanings:
    29    a.  "range  of compensation" shall mean the minimum and maximum annual
    30  salary or hourly range of compensation for a job, promotion, or transfer
    31  opportunity that the employer in good faith believes to be  accurate  at
    32  the time of the posting of an advertisement for such opportunity.
    33    b. "employer" shall mean:
    34    (i)  any  person, corporation, limited liability company, association,
    35  labor organization or entity employing four or  more  employees  in  any
    36  occupation,  industry, trade, business or service, or any agent thereof;
    37  and
    38    (ii) any person, corporation, limited liability  company,  association
    39  or  entity  acting  as  an  employment  agent or recruiter, or otherwise
    40  connecting applicants with employers, provided that "employer" shall not
    41  include a temporary help firm as such term  is  defined  by  subdivision
    42  five of section nine hundred sixteen of this chapter.
    43    8. The provisions of this section shall not be construed or interpret-
    44  ed  to supersede or preempt any provisions of local law, rules, or regu-
    45  lations.
    46    § 2. This act shall take effect on  the  two  hundred  seventieth  day
    47  after it shall have become a law.
Go to top