S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4065
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to an annual pay data report
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The labor law is amended by adding a new section 194-a to
 read as follows:
   § 194-A. ANNUAL PAY DATA REPORT.  1. ON OR BEFORE MARCH  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-ONE, AND ON OR BEFORE MARCH THIRTY-FIRST EACH YEAR
 THEREAFTER, A PRIVATE EMPLOYER THAT HAS ONE HUNDRED  OR  MORE  EMPLOYEES
 AND  WHO  IS  REQUIRED  TO  FILE  AN  ANNUAL EMPLOYER INFORMATION REPORT
 (EEO-1) PURSUANT TO FEDERAL LAW SHALL SUBMIT A PAY DATA  REPORT  TO  THE
 DEPARTMENT COVERING THE PRIOR CALENDAR YEAR, WHICH, FOR PURPOSES OF THIS
 SECTION, SHALL BE REFERRED TO AS THE "REPORTING YEAR."
   2. THE PAY DATA REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) THE NUMBER OF EMPLOYEES BY RACE, ETHNICITY, AND SEX IN EACH OF THE
 FOLLOWING JOB CATEGORIES:
   (I) EXECUTIVE OR SENIOR LEVEL OFFICIALS AND MANAGERS;
   (II) FIRST OR MID-LEVEL OFFICIALS AND MANAGERS;
   (III) PROFESSIONALS;
   (IV) TECHNICIANS;
   (V) SALES WORKERS;
   (VI) ADMINISTRATIVE SUPPORT WORKERS;
   (VII) CRAFT WORKERS;
   (VIII) OPERATIVES;
   (IX) LABORERS AND HELPERS; AND
   (X) SERVICE WORKERS.
   (B)  THE NUMBER OF EMPLOYEES BY RACE, ETHNICITY, AND SEX, WHOSE ANNUAL
 EARNINGS FALL WITHIN EACH OF THE PAY BANDS USED  BY  THE  UNITED  STATES
 BUREAU  OF  LABOR  STATISTICS  IN THE OCCUPATIONAL EMPLOYMENT STATISTICS
 SURVEY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09880-02-9

 S. 4065                             2
 
   (C) FOR PURPOSES OF ESTABLISHING THE NUMBERS REQUIRED TO  BE  REPORTED
 UNDER SUBDIVISION ONE OF THIS SECTION, AN EMPLOYER SHALL CREATE A "SNAP-
 SHOT"  THAT  COUNTS ALL OF THE INDIVIDUALS IN EACH JOB CATEGORY BY RACE,
 ETHNICITY, AND SEX, EMPLOYED DURING A SINGLE PAY PERIOD OF  THE  EMPLOY-
 ER'S  CHOICE  BETWEEN  OCTOBER  FIRST  AND  DECEMBER THIRTY-FIRST OF THE
 "REPORTING YEAR."
   (D) FOR PURPOSES OF ESTABLISHING THE  NUMBERS  TO  BE  REPORTED  UNDER
 SUBDIVISION  TWO OF THIS SECTION, THE EMPLOYER SHALL CALCULATE THE TOTAL
 EARNINGS, AS SHOWN ON THE INTERNAL REVENUE SERVICE FORM  W-2,  FOR  EACH
 EMPLOYEE  IN THE "SNAPSHOT," FOR THE ENTIRE "REPORTING YEAR," REGARDLESS
 OF WHETHER OR NOT AN EMPLOYEE WORKED FOR THE  FULL  CALENDAR  YEAR.  THE
 EMPLOYER  SHALL  TABULATE  AND  REPORT THE NUMBER OF EMPLOYEES WHOSE W-2
 EARNINGS DURING THE "REPORTING YEAR" FELL WITHIN EACH PAY BAND.
   3. THE EMPLOYER SHALL INCLUDE IN THE REPORT THE TOTAL NUMBER OF  HOURS
 WORKED  BY  EACH EMPLOYEE COUNTED IN EACH PAY BAND DURING THE "REPORTING
 YEAR."
   4. FOR EMPLOYERS WITH  MULTIPLE  ESTABLISHMENTS,  THE  EMPLOYER  SHALL
 SUBMIT  A  REPORT  FOR EACH ESTABLISHMENT AND A CONSOLIDATED REPORT THAT
 INCLUDES ALL EMPLOYEES.
   5. THE REPORT SHALL INCLUDE A SECTION FOR EMPLOYERS TO PROVIDE  CLARI-
 FYING  REMARKS REGARDING ANY OF THE INFORMATION PROVIDED. AN EMPLOYER IS
 NOT REQUIRED TO PROVIDE CLARIFYING REMARKS.
   6. IF AN EMPLOYER IS REQUIRED TO FILE AN EMPLOYER INFORMATION  REPORT,
 OTHERWISE  KNOWN  AS  THE  EEO-1  REPORT,  WITH  THE UNITED STATES EQUAL
 EMPLOYMENT OPPORTUNITY COMMISSION OR OTHER FEDERAL AGENCY THAT  INCLUDES
 THE  SAME  OR  SUBSTANTIALLY SIMILAR PAY DATA INFORMATION REQUIRED UNDER
 THIS SECTION, THE EMPLOYER MAY SATISFY COMPLIANCE WITH THIS  SECTION  BY
 SUBMITTING THE EMPLOYER INFORMATION REPORT TO THE DEPARTMENT.
   7.  IF  THE  DEPARTMENT  DOES  NOT RECEIVE THE REQUIRED REPORT FROM AN
 EMPLOYER, THE DEPARTMENT MAY SEEK AN ORDER  REQUIRING  THE  EMPLOYER  TO
 COMPLY  WITH  THESE  REQUIREMENTS  AND  SHALL BE ENTITLED TO RECOVER THE
 COSTS ASSOCIATED WITH SEEKING THE ORDER FOR COMPLIANCE.
   8. IT SHALL BE UNLAWFUL FOR ANY OFFICER OR EMPLOYEE OF THE  DEPARTMENT
 TO  MAKE  PUBLIC  IN ANY MANNER WHATSOEVER ANY INDIVIDUALLY IDENTIFIABLE
 INFORMATION OBTAINED PURSUANT TO  THEIR  AUTHORITY  UNDER  THIS  SECTION
 PRIOR  TO  THE INSTITUTION OF AN INVESTIGATION OR ENFORCEMENT PROCEEDING
 BY THE DEPARTMENT INVOLVING THAT INFORMATION, AND  ONLY  TO  THE  EXTENT
 NECESSARY  FOR  PURPOSES OF THE ENFORCEMENT PROCEEDING. FOR THE PURPOSES
 OF THIS SUBDIVISION, "INDIVIDUALLY  IDENTIFIABLE  INFORMATION"  INCLUDES
 DATA THAT IS ASSOCIATED WITH A SPECIFIC PERSON OR BUSINESS.
   9.  ANY  INFORMATION  DISCLOSED  TO  THE  DEPARTMENT  PURSUANT TO THIS
 SECTION SHALL BE CONSIDERED CONFIDENTIAL INFORMATION AND NOT SUBJECT  TO
 DISCLOSURE PURSUANT TO THE PUBLIC OFFICERS LAW.
   10.  NOTWITHSTANDING SUBDIVISION SEVEN OF THIS SECTION, THE DEPARTMENT
 MAY DEVELOP AND PUBLICIZE AGGREGATE REPORTS BASED ON THE  DATA  OBTAINED
 PURSUANT TO THEIR AUTHORITY UNDER THIS SECTION, PROVIDED THAT THE AGGRE-
 GATE REPORTS ARE REASONABLY CALCULATED TO PREVENT THE ASSOCIATION OF ANY
 DATA WITH ANY INDIVIDUAL BUSINESS OR PERSON.
   11.  THE  DEPARTMENT SHALL MAINTAIN PAY DATA REPORTS FOR NOT LESS THAN
 TEN YEARS.
   12. FOR PURPOSES OF THIS SECTION, BOTH OF  THE  FOLLOWING  DEFINITIONS
 SHALL APPLY:
   (A) "EMPLOYEE" MEANS AN INDIVIDUAL ON AN EMPLOYER'S PAYROLL, INCLUDING
 A  PART-TIME  INDIVIDUAL,  FOR WHOM THE EMPLOYER IS REQUIRED TO WITHHOLD
 FEDERAL SOCIAL SECURITY TAXES FROM THAT INDIVIDUAL'S WAGES.

 S. 4065                             3
 
   (B)  "ESTABLISHMENT"  MEANS  AN  ECONOMIC  UNIT  PRODUCING  GOODS   OR
 SERVICES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.