NY State Senate Bill 2021-S5598B

Senate Bill S5598B

2021-2022 Legislative Session

Requires employers to disclose compensation or range of compensation to applicants and employees

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 25, 2022	amended on third reading 5598d
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1287
May 06, 2022	print number 5598c
May 06, 2022	amend and recommit to labor
Jan 05, 2022	referred to labor
Sep 15, 2021	print number 5598b
Sep 15, 2021	amend and recommit to labor
Apr 19, 2021	print number 5598a
Apr 19, 2021	amend and recommit to labor
Mar 11, 2021	referred to labor

Votes

- May 10, 2022 - Labor Committee Vote
  S5598B
  
  9
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 10, 2022
      
      aye (9)
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Persaud
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Skoufis
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      Rath III
      
      aye wr (1)
      
      Savino

Bill Amendments

Original

D (Active)

2021-S5598 - Details

See Assembly Version of this Bill:: A6529
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L

2021-S5598 - Summary

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.

2021-S5598 - Sponsor Memo

                                
 
BILL NUMBER: S5598

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation and benefits to
applicants and employees immediately upon issuing a new job opportunity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, and benefits either for a new employment opportunity,

or for an existing employee.  This section would prohibit retaliation,
allow any member of the public to report a violation, and aggrieved
individuals would be able to bring a civil action.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties, and LGBTQ+ workers across New York State. Pay secrecy remains a
key contributing factor in perpetuating wage inequality and discrimi-
nation. Because salary decisions are made in the dark, implicit or overt
biases continue to shape hiring and salary setting decisions, arti-
ficially depressing wages for women and people of color. Meanwhile,
lower-wage workers, including those most impacted by the COVID-19
pandemic, lack the information and leverage needed to negotiate fair
salaries to escape these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring process will empower workers with critical information,
reduce discriminatory wage-setting and hiring practices, and help level
the playing field for our most vulnerable workers. Requiring compen-
sation disclosures, which is increasingly considered a best-practice in
the business community, will greatly benefit employers and small busi-
nesses by simplifying and streamlining compensation determinations and
positively impacting efficiency, recruitment, and retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

2021-S5598 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5598
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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:
 
   Section  1.  The labor law is amended by adding a new section 194-b to
 read as follows:
   § 194-B. MANDATORY DISCLOSURE OF  COMPENSATION  OR  RANGE  OF  COMPEN-
 SATION. 1. UPON ISSUING AN EMPLOYMENT OPPORTUNITY FOR INTERNAL OR PUBLIC
 VIEWING  AN  EMPLOYER  SHALL  DISCLOSE IN WRITING OR ELECTRONICALLY: THE
 COMPENSATION OR A RANGE OF COMPENSATION; THE  JOB  DESCRIPTION  FOR  THE
 POSITION,  IF  ONE EXISTS; AND A GENERAL DESCRIPTION OF ALL OF THE BENE-
 FITS AND OTHER FORMS OF COMPENSATION TO BE OFFERED.  AN  EMPLOYER  SHALL
 ALSO  PROVIDE AN EMPLOYEE THE RANGE OF COMPENSATION IN PLACE AT THE TIME
 OF REQUEST AND JOB  DESCRIPTION,  IF  ONE  EXISTS,  FOR  THE  EMPLOYEE'S
 CURRENT  POSITION  AT  THE TIME OF HIRE AND UPON THE EMPLOYEE'S REQUEST,
 BUT NO MORE FREQUENTLY THAN ONCE PER YEAR.
   2. NO EMPLOYER SHALL REFUSE TO INTERVIEW, HIRE,  PROMOTE,  EMPLOY,  OR
 OTHERWISE  RETALIATE AGAINST AN APPLICANT OR EMPLOYEE FOR EXERCISING ANY
 RIGHTS UNDER THIS SECTION.
   3. THE DEPARTMENT SHALL HAVE THE POWER TO ADMINISTER, CARRY  OUT,  AND
 ENFORCE  ALL THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES AND
 REGULATIONS FOR SUCH PURPOSE. THE  DEPARTMENT  SHALL  CONDUCT  A  PUBLIC
 AWARENESS  OUTREACH  CAMPAIGN  WHICH  SHALL  INCLUDE  MAKING INFORMATION
 AVAILABLE ON ITS  WEBSITE  AND  OTHERWISE  INFORMING  EMPLOYERS  OF  THE
 PROVISIONS OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  CREATE  A  COMPLAINT MECHANISM WHEREBY ANY
 PERSON WHO BELIEVES A VIOLATION OF THIS SECTION HAS OCCURRED CAN  REPORT
 SUCH  VIOLATION  IN  WRITING  TO  THE  DEPARTMENT,  WHICH SHALL HAVE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10037-01-1

 S. 5598                             2
 
 AUTHORITY TO INVESTIGATE SUCH REPORTED VIOLATIONS. AN EMPLOYER WHO FAILS
 TO COMPLY WITH ANY REQUIREMENT OF THIS SECTION OR ANY RULE OR REGULATION
 PUBLISHED THEREUNDER SHALL BE DEEMED IN VIOLATION OF  THIS  SECTION  AND
 SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY IN ACCORDANCE WITH SECTION TWO
 HUNDRED EIGHTEEN OF THIS CHAPTER. THE DEPARTMENT  SHALL  ALSO  HAVE  THE
 AUTHORITY  TO  BRING  AN ACTION TO COLLECT DAMAGES, CIVIL PENALTIES, AND
 EQUITABLE RELIEF.
   5. AN APPLICANT OR CURRENT OR FORMER EMPLOYEE AGGRIEVED BY A VIOLATION
 OF THIS SECTION MAY BRING  A  CIVIL  ACTION  FOR  COMPENSATION  FOR  ANY
 DAMAGES  SUSTAINED  AS A RESULT OF SUCH VIOLATION IN ANY COURT OF COMPE-
 TENT JURISDICTION. THE COURT MAY AWARD INJUNCTIVE  RELIEF,  ANY  DAMAGES
 INCURRED,  PUNITIVE  DAMAGES, OTHER EQUITABLE RELIEF AS MAY BE APPROPRI-
 ATE, AND THE COSTS OF THE ACTION AND  REASONABLE  ATTORNEY'S  FEES.  ALL
 CLAIMS  FILED  UNDER THIS SECTION SHALL BE FILED WITHIN THREE YEARS FROM
 THE DATE OF THE VIOLATION.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH  THIS  SECTION,  INCLUDING  HISTORY OF COMPENSATION RANGES FOR EACH
 EMPLOYMENT OPPORTUNITY AND JOB DESCRIPTIONS, IF THEY EXIST.
   7. A. FOR THE PURPOSES OF THIS SECTION, "RANGE OF COMPENSATION"  MEANS
 THE  RANGE  THAT THE EMPLOYER ACTUALLY RELIED ON IN SETTING COMPENSATION
 FOR THE POSITION AND MAY BE BASED ON, INCLUDING BUT NOT LIMITED TO,  ANY
 APPLICABLE  PAY  SCALE OR COMPENSATION MODEL RELIED UPON BY THE EMPLOYER
 OR THE ACTUAL RANGE OF COMPENSATION  FOR  THOSE  CURRENTLY  HOLDING  THE
 POSITION.
   B. FOR THE PURPOSES OF THIS SECTION, "EMPLOYER" SHALL INCLUDE, BUT NOT
 BE LIMITED TO, ANY PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSO-
 CIATION,  LABOR  ORGANIZATION,  OR ENTITY EMPLOYING AN INDIVIDUAL IN ANY
 OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT  THEREOF;
 ANY PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR ENTI-
 TY  ACTING  AS  AN  EMPLOYMENT AGENT, RECRUITER, OR OTHERWISE CONNECTING
 APPLICANTS WITH EMPLOYERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S5598A - Details

See Assembly Version of this Bill:: A6529
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L

2021-S5598A - Summary

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.

2021-S5598A - Sponsor Memo

                                
 
BILL NUMBER: S5598a

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation and benefits to
applicants and employees immediately upon issuing a new job opportunity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, and benefits either for a new employment opportunity,

or for an existing employee.

This section would prohibit retaliation, allow any member of the public
to report a violation, and aggrieved individuals would be able to bring
a civil action.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties, and LGBTQ+ workers across New York State. Pay secrecy remains a
key contributing factor in perpetuating wage inequality and discrimi-
nation. Because salary decisions are made in the dark, implicit or overt
biases continue to shape hiring and salary setting decisions, arti-
ficially depressing wages for women and people of color. Meanwhile,
lower-wage workers, including those most impacted by the COVID-19
pandemic, lack the information and leverage needed to negotiate fair
salaries to escape these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring process will empower workers with critical information,
reduce discriminatory wage-setting and hiring practices, and help level
the playing field for our most vulnerable workers. Requiring compen-
sation disclosures, which is increasingly considered a best-practice in
the business community, will greatly benefit employers and small busi-
nesses by simplifying and streamlining compensation determinations and
positively impacting efficiency, recruitment, and retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

2021-S5598A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 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:
 
   Section 1. The labor law is amended by adding a new section  194-b  to
 read as follows:
   §  194-B.  MANDATORY  DISCLOSURE  OF  COMPENSATION OR RANGE OF COMPEN-
 SATION.  1. A. UPON ISSUING AN EMPLOYMENT OPPORTUNITY  FOR  INTERNAL  OR
 PUBLIC  VIEWING  AN  EMPLOYER SHALL DISCLOSE THE FOLLOWING IN WRITING OR
 ELECTRONICALLY:
   (I) THE COMPENSATION OR A RANGE OF COMPENSATION  FOR  SUCH  EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR THE POSITION, IF SUCH DESCRIPTION EXISTS;
 AND
   (III) A GENERAL DESCRIPTION OF ALL BENEFITS AND OTHER FORMS OF COMPEN-
 SATION TO BE OFFERED.
   B.  AN  EMPLOYER  SHALL  PROVIDE  A CURRENT EMPLOYEE WITH THE RANGE OF
 COMPENSATION IN PLACE AT THE TIME OF SUCH EMPLOYEE'S REQUEST AND THE JOB
 DESCRIPTION, IF SUCH DESCRIPTION  EXISTS,  FOR  THE  EMPLOYEE'S  CURRENT
 POSITION  AT  THE  TIME  OF HIRE AND UPON THE EMPLOYEE'S REQUEST, BUT NO
 MORE FREQUENTLY THAN ONCE PER YEAR.
   2. NO EMPLOYER SHALL REFUSE TO INTERVIEW,  HIRE,  PROMOTE,  EMPLOY  OR
 OTHERWISE  RETALIATE  AGAINST AN APPLICANT OR CURRENT EMPLOYEE FOR EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-02-1

 S. 5598--A                          2
 
   3. THE DEPARTMENT HAS THE POWER TO ADMINISTER, CARRY OUT  AND  ENFORCE
 ALL  PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES AND REGULATIONS
 TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   4.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5.  THE  DEPARTMENT SHALL ESTABLISH AND MAINTAIN A COMPLAINT PROCEDURE
 PURSUANT TO WHICH ANY PERSON WHO BELIEVES A VIOLATION  OF  THIS  SECTION
 HAS OCCURRED, IS OCCURRING OR IS ABOUT TO OCCUR, MAY FILE A COMPLAINT.
   A.  ANY  SUCH  COMPLAINT  SHALL  BE MADE IN WRITING TO THE DEPARTMENT,
 WHICH SHALL HAVE THE AUTHORITY TO INVESTIGATE SUCH  REPORTED  VIOLATIONS
 AND TO BRING A SUBSEQUENT ACTION TO COLLECT DAMAGES, CIVIL PENALTIES AND
 EQUITABLE RELIEF.
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   C. AN APPLICANT OR CURRENT OR FORMER EMPLOYEE AGGRIEVED BY A VIOLATION
 OF THIS SECTION MAY BRING  A  CIVIL  ACTION  FOR  COMPENSATION  FOR  ANY
 DAMAGES  SUSTAINED  AS A RESULT OF SUCH VIOLATION IN ANY COURT OF COMPE-
 TENT JURISDICTION. THE COURT MAY AWARD  INJUNCTIVE  RELIEF,  ANY  ACTUAL
 DAMAGES  INCURRED,  PUNITIVE  DAMAGES,  OTHER EQUITABLE RELIEF AS MAY BE
 APPROPRIATE AND REASONABLE ATTORNEYS' FEE AND COSTS.  ALL  CLAIMS  FILED
 UNDER  THIS  SECTION  SHALL BE FILED WITHIN THREE YEARS FROM THE DATE OF
 THE VIOLATION.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH  THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE HISTORY OF COMPEN-
 SATION RANGES FOR EACH EMPLOYMENT OPPORTUNITY AND THE  JOB  DESCRIPTIONS
 FOR SUCH POSITIONS, IF SUCH DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "RANGE OF COMPENSATION" MEANS THE RANGE THAT THE EMPLOYER ACTUALLY
 RELIED ON IN SETTING COMPENSATION FOR THE POSITION AND MAY BE BASED  ON,
 INCLUDING  BUT  NOT LIMITED TO, ANY APPLICABLE PAY SCALE OR COMPENSATION
 MODEL RELIED UPON BY THE EMPLOYER OR THE ACTUAL  RANGE  OF  COMPENSATION
 FOR THOSE CURRENTLY HOLDING THE POSITION.
   B. "EMPLOYER" SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION,
 LABOR ORGANIZATION OR ENTITY EMPLOYING AN INDIVIDUAL IN ANY  OCCUPATION,
 INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF; AND
   (II)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION
 OR ENTITY ACTING AS AN  EMPLOYMENT  AGENT  OR  RECRUITER,  OR  OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S5598B - Details

See Assembly Version of this Bill:: A6529
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L

2021-S5598B - Summary

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.

2021-S5598B - Sponsor Memo

                                 
BILL NUMBER: S5598B

SPONSOR: RAMOS
 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation and benefits to
applicants and employees immediately upon issuing a new job opportunity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, and benefits either for a new employment opportunity,
or for an existing employee.

This section would prohibit retaliation, allow any member of the public
to report a violation, and aggrieved individuals would be able to bring
a civil action.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties, and LGBTQ+ workers across New York State. Pay secrecy remains a
key contributing factor in perpetuating wage inequality and discrimi-
nation. Because salary decisions are made in the dark, implicit or overt
biases continue to shape hiring and salary setting decisions, arti-
ficially depressing wages for women and people of color. Meanwhile,
lower-wage workers, including those most impacted by the COVID-19
pandemic, lack the information and leverage needed to negotiate fair
salaries to escape these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring process will empower workers with critical information,
reduce discriminatory wage-setting and hiring practices, and help level
the playing field for our most vulnerable workers. Requiring compen-
sation disclosures, which is increasingly considered a best-practice in
the business community, will greatly benefit employers and small busi-
nesses by simplifying and streamlining compensation determinations and
positively impacting efficiency, recruitment, and retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

2021-S5598B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BIAGGI, BROUK, JACKSON, MAYER, SANDERS, SAVI-
   NO -- 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
 
 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:
 
   Section  1.  The labor law is amended by adding a new section 194-b to
 read as follows:
   § 194-B. MANDATORY DISCLOSURE OF  COMPENSATION  OR  RANGE  OF  COMPEN-
 SATION.  1.  A.  UPON  ISSUING AN EMPLOYMENT OPPORTUNITY FOR INTERNAL OR
 PUBLIC VIEWING AN EMPLOYER SHALL DISCLOSE THE FOLLOWING  IN  WRITING  OR
 ELECTRONICALLY:
   (I)  THE  COMPENSATION  OR A RANGE OF COMPENSATION FOR SUCH EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR THE POSITION, IF SUCH DESCRIPTION EXISTS;
 AND
   (III) A GENERAL DESCRIPTION OF ALL BENEFITS AND OTHER FORMS OF COMPEN-
 SATION TO BE OFFERED.
   B. AN EMPLOYER SHALL PROVIDE A CURRENT  EMPLOYEE  WITH  THE  RANGE  OF
 COMPENSATION IN PLACE AT THE TIME OF SUCH EMPLOYEE'S REQUEST AND THE JOB
 DESCRIPTION,  IF  SUCH  DESCRIPTION  EXISTS,  FOR THE EMPLOYEE'S CURRENT
 POSITION AT THE TIME OF HIRE AND UPON THE  EMPLOYEE'S  REQUEST,  BUT  NO
 MORE FREQUENTLY THAN ONCE PER YEAR.
   2.  NO  EMPLOYER  SHALL  REFUSE TO INTERVIEW, HIRE, PROMOTE, EMPLOY OR
 OTHERWISE RETALIATE AGAINST AN APPLICANT OR CURRENT EMPLOYEE  FOR  EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10037-03-1

 S. 5598--B                          2
 
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   4.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5.  A.  ANY  PERSON  CLAIMING  TO  BE AGGRIEVED BY A VIOLATION OF THIS
 SECTION MAY FILE  WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING  SUCH
 ALLEGED  VIOLATION  FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT
 SETTING THE APPROPRIATE REMEDY, IF ANY, PURSUANT TO  THE  PROVISIONS  OF
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE
 HISTORY  OF  COMPENSATION RANGES FOR EACH EMPLOYMENT OPPORTUNITY AND THE
 JOB DESCRIPTIONS FOR SUCH POSITIONS, IF SUCH DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "RANGE OF COMPENSATION" MEANS THE RANGE THAT THE EMPLOYER  ACTUALLY
 RELIED  ON IN SETTING COMPENSATION FOR THE POSITION AND MAY BE BASED ON,
 INCLUDING BUT NOT LIMITED TO, ANY APPLICABLE PAY SCALE  OR  COMPENSATION
 MODEL  RELIED  UPON  BY THE EMPLOYER OR THE ACTUAL RANGE OF COMPENSATION
 FOR THOSE CURRENTLY HOLDING THE POSITION.
   B. "EMPLOYER" SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION,
 LABOR  ORGANIZATION OR ENTITY EMPLOYING AN INDIVIDUAL IN ANY OCCUPATION,
 INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF; AND
   (II) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION
 OR  ENTITY  ACTING  AS  AN  EMPLOYMENT  AGENT OR RECRUITER, OR OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S5598C - Details

See Assembly Version of this Bill:: A6529
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L

2021-S5598C - Summary

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.

2021-S5598C - Sponsor Memo

                                 
BILL NUMBER: S5598C

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation and benefits to
applicants and employees immediately upon issuing a new job opportunity.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, and benefits either fora new employment opportunity, or
for an existing employee.

This section would prohibit retaliation, allow any member of the public
to report a violation, and aggrieved individuals would be able to bring
a civil action.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties, and LGBTQ+ workers across New York State. Pay secrecy remains a
key contributing factor in perpetuating wage inequality and discrimi-
nation. Because salary decisions are made in the dark, implicit or overt
biases continue to shape hiring and salary setting decisions, arti-
ficially depressing wages for women and people of color. Meanwhile,
lower-wage workers, including those most impacted by the COVID-19
pandemic, lack the information and leverage needed to negotiate fair
salaries to escape these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring process will empower workers with critical information,
reduce discriminatory wage-setting and hiring practices, and help level
the playing field for our most vulnerable workers. Requiring compen-
sation disclosures, which is increasingly considered a best-practice in
the business community, will greatly benefit employers and small busi-
nesses by simplifying and streamlining compensation determinations and
positively impacting efficiency, recruitment, and retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

2021-S5598C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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
 
 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:
 
   Section  1.  The labor law is amended by adding a new section 194-b to
 read as follows:
   § 194-B. MANDATORY DISCLOSURE OF  COMPENSATION  OR  RANGE  OF  COMPEN-
 SATION.  1.  A.  AN  ADVERTISEMENT  FOR  AN EMPLOYMENT OPPORTUNITY TO BE
 PERFORMED FOR AN EMPLOYER AT LEAST IN PART IN  THE  STATE  OF  NEW  YORK
 SHALL DISCLOSE THE FOLLOWING IN WRITING:
   (I)  THE  COMPENSATION  OR A RANGE OF COMPENSATION FOR SUCH EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR  SUCH  EMPLOYMENT  OPPORTUNITY,  IF  SUCH
 DESCRIPTION EXISTS; AND
   (III)  A  GENERAL  DESCRIPTION  OF  OTHER  FORMS OF COMPENSATION TO BE
 OFFERED IF APPLICABLE, INCLUDING BUT NOT LIMITED TO FRINGE BENEFITS.
   B. ADVERTISEMENTS FOR EMPLOYMENT OPPORTUNITIES PAID SOLELY ON  COMMIS-
 SION  SHALL  MAINTAIN COMPLIANCE WITH SUBPARAGRAPH (I) OF PARAGRAPH A OF
 THIS SUBDIVISION BY DISCLOSING IN WRITING IN A  GENERAL  STATEMENT  THAT
 COMPENSATION SHALL BE BASED ON COMMISSION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-04-2
 S. 5598--C                          2

 
   C.  AN  EMPLOYER  SHALL  PROVIDE  A CURRENT EMPLOYEE WITH THE RANGE OF
 COMPENSATION AND THE JOB DESCRIPTION FOR THE EMPLOYEE'S CURRENT POSITION
 AT THE TIME OF HIRE, UPON THE EMPLOYEE'S REQUEST,  IF    SUCH  RANGE  OF
 COMPENSATION OR JOB DESCRIPTION EXISTED AT SUCH EMPLOYEE'S TIME OF HIRE.
   2.  NO  EMPLOYER  SHALL  REFUSE TO INTERVIEW, HIRE, PROMOTE, EMPLOY OR
 OTHERWISE RETALIATE AGAINST AN APPLICANT OR CURRENT EMPLOYEE  FOR  EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   4.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5.  A.  ANY  PERSON  CLAIMING  TO  BE AGGRIEVED BY A VIOLATION OF THIS
 SECTION MAY FILE  WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING  SUCH
 ALLEGED  VIOLATION  FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT
 SETTING THE APPROPRIATE REMEDY, IF ANY, PURSUANT TO  THE  PROVISIONS  OF
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE.
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE
 HISTORY  OF  COMPENSATION RANGES FOR EACH EMPLOYMENT OPPORTUNITY AND THE
 JOB DESCRIPTIONS FOR SUCH POSITIONS, IF SUCH DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "EMPLOYMENT OPPORTUNITY" SHALL MEAN AN AVAILABLE JOB, PROMOTION, OR
 TRANSFER OPPORTUNITY.
   B. "ADVERTISEMENT" SHALL MEAN A WRITTEN DESCRIPTION  OF  AN  AVAILABLE
 EMPLOYMENT  OPPORTUNITY THAT IS PUBLICIZED TO A POOL OF POTENTIAL APPLI-
 CANTS FOR INTERNAL OR PUBLIC VIEWING, INCLUDING ELECTRONICALLY.
   C. "RANGE OF COMPENSATION" SHALL MEAN THE MINIMUM AND  MAXIMUM  ANNUAL
 SALARY  OR  HOURLY  RANGE  OF COMPENSATION FOR AN EMPLOYMENT OPPORTUNITY
 THAT THE EMPLOYER IN GOOD FAITH BELIEVES TO BE ACCURATE AT THE  TIME  OF
 THE POSTING OF AN ADVERTISEMENT FOR SUCH EMPLOYMENT OPPORTUNITY.
   D. "EMPLOYER" SHALL MEAN:
   (I)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION,
 LABOR ORGANIZATION OR ENTITY EMPLOYING FOUR OR  MORE  EMPLOYEES  IN  ANY
 OCCUPATION,  INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF;
 AND
   (II) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION
 OR  ENTITY  ACTING  AS  AN  EMPLOYMENT  AGENT OR RECRUITER, OR OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS, PROVIDED THAT "EMPLOYER" SHALL NOT
 INCLUDE A TEMPORARY HELP FIRM AS SUCH TERM  IS  DEFINED  BY  SUBDIVISION
 FIVE OF SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
   §  2.  This  act  shall  take effect on the two hundred seventieth day
 after it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S5598D (ACTIVE) - Details

See Assembly Version of this Bill:: A6529
Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L

2021-S5598D (ACTIVE) - Summary

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.

2021-S5598D (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5598D

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation and benefits upon
issuing a new job opportunity, promotion or transfer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, and benefits for new employment opportunities,
promotions or transfers.

This section would prohibit retaliation, allow aggrieved individuals to
report a violation, and authorizes the Department of Labor to issue
fines for violations.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties and LGBTQ+ workers across New York State. Pay secrecy remains a key
contributing factor in persist, particularly for women, people of color,
people with disabilities, and LGBTQ+ workers across New York State. Pay
secrecy remains a key contributing factor in perpetuating wage inequal-
ity and discrimination.

Because salary decisions are made in the dark, implicit or overt biases
continue to shape hiring and salary setting decisions, artificially
depressing wages for women and people of color. .  Meanwhile, lower-wage
workers, including those most impacted by the COVID -19 pandemic, lack
the information and leverage needed to negotiate fair salaries to escape
these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring, promotions or transfer process will empower workers with
critical information, reduce discriminatory wage-setting and hiring
practices, and help level the playing field for our most vulnerable
workers.

Requiring compensation disclosures, which is increasingly considered a
best practice in the business community, will greatly benefit employers
and small businesses by simplifying and streamlining compensation deter-
minations and positively impacting efficiency, recruitment, and
retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.
 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect 270 days after enactment.

2021-S5598D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--D
     Cal. No. 1287
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              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:

   Section 1. The labor law is amended by adding a new section  194-b  to
 read as follows:
   §  194-B.  MANDATORY  DISCLOSURE  OF  COMPENSATION OR RANGE OF COMPEN-
 SATION. 1. A.  NO EMPLOYER, EMPLOYMENT AGENCY, EMPLOYEE, OR AGENT THERE-
 OF SHALL ADVERTISE A JOB, PROMOTION, OR TRANSFER OPPORTUNITY THAT CAN OR
 WILL BE PERFORMED, AT LEAST IN PART, IN THE STATE OF NEW  YORK,  WITHOUT
 DISCLOSING THE FOLLOWING:
   (I)  THE  COMPENSATION  OR  A  RANGE  OF  COMPENSATION  FOR  SUCH JOB,
 PROMOTION, OR TRANSFER OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR SUCH JOB, PROMOTION, OR TRANSFER OPPORTU-
 NITY, IF SUCH DESCRIPTION EXISTS; AND
   (III) A GENERAL DESCRIPTION OF  OTHER  FORMS  OF  COMPENSATION  TO  BE
 OFFERED  IF  APPLICABLE,  INCLUDING  BUT NOT LIMITED TO FRINGE BENEFITS,
 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
 
   B. ADVERTISEMENTS FOR JOBS, PROMOTIONS, OR TRANSFER OPPORTUNITIES PAID
 SOLELY ON COMMISSION SHALL MAINTAIN COMPLIANCE WITH SUBPARAGRAPH (I)  OF
 PARAGRAPH  A  OF  THIS SUBDIVISION BY DISCLOSING IN WRITING IN A GENERAL
 STATEMENT THAT COMPENSATION SHALL BE BASED ON COMMISSION.
   2.  NO  EMPLOYER  SHALL  REFUSE TO INTERVIEW, HIRE, PROMOTE, EMPLOY OR
 OTHERWISE RETALIATE AGAINST AN APPLICANT OR CURRENT EMPLOYEE  FOR  EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   4.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5.  A.  ANY  PERSON  CLAIMING  TO  BE AGGRIEVED BY A VIOLATION OF THIS
 SECTION MAY FILE  WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING  SUCH
 ALLEGED  VIOLATION  FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT
 SETTING THE APPROPRIATE REMEDY, IF ANY, PURSUANT TO  THE  PROVISIONS  OF
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE.
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE
 HISTORY  OF  COMPENSATION  RANGES  FOR  EACH JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY AND  THE  JOB  DESCRIPTIONS  FOR  SUCH  POSITIONS,  IF  SUCH
 DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "RANGE  OF COMPENSATION" SHALL MEAN THE MINIMUM AND MAXIMUM ANNUAL
 SALARY OR HOURLY RANGE OF COMPENSATION FOR A JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY THAT THE EMPLOYER IN GOOD FAITH BELIEVES TO BE  ACCURATE  AT
 THE TIME OF THE POSTING OF AN ADVERTISEMENT FOR SUCH OPPORTUNITY.
   B. "EMPLOYER" SHALL MEAN:
   (I)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION,
 LABOR ORGANIZATION OR ENTITY EMPLOYING FOUR OR  MORE  EMPLOYEES  IN  ANY
 OCCUPATION,  INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF;
 AND
   (II) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION
 OR  ENTITY  ACTING  AS  AN  EMPLOYMENT  AGENT OR RECRUITER, OR OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS, PROVIDED THAT "EMPLOYER" SHALL NOT
 INCLUDE A TEMPORARY HELP FIRM AS SUCH TERM  IS  DEFINED  BY  SUBDIVISION
 FIVE OF SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED OR INTERPRET-
 ED  TO SUPERSEDE OR PREEMPT ANY PROVISIONS OF LOCAL LAW, RULES, OR REGU-
 LATIONS.
   § 2. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5598B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2021-S5598 - Details

2021-S5598 - Summary

2021-S5598 - Sponsor Memo

2021-S5598 - Bill Text download pdf

co-Sponsors

2021-S5598A - Details

2021-S5598A - Summary

2021-S5598A - Sponsor Memo

2021-S5598A - Bill Text download pdf

co-Sponsors

2021-S5598B - Details

2021-S5598B - Summary

2021-S5598B - Sponsor Memo

2021-S5598B - Bill Text download pdf

co-Sponsors

2021-S5598C - Details

2021-S5598C - Summary

2021-S5598C - Sponsor Memo

2021-S5598C - Bill Text download pdf

co-Sponsors

2021-S5598D (ACTIVE) - Details

2021-S5598D (ACTIVE) - Summary

2021-S5598D (ACTIVE) - Sponsor Memo

2021-S5598D (ACTIVE) - Bill Text download pdf

Comments