S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1326
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Section 194-b of the labor law, as added by  a  chapter  of
 the  laws of 2022 amending the labor law relating to requiring employers
 to disclose compensation or  range   of   compensation   to   applicants
 and employees, as proposed in legislative bills numbers S. 9427-A and A.
 10477, is amended 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 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 without disclosing the following:
   (i)  the  compensation  or  a  range  of  compensation  for  such job,
 promotion, or transfer opportunity; and
   (ii) the job description for such job, promotion, or transfer opportu-
 nity, if such description exists.
   b. [Advertisements] AN EMPLOYER, EMPLOYMENT AGENCY, EMPLOYEE, OR AGENT
 THEREOF ADVERTISING for [jobs] A JOB, [promotions] PROMOTION, or  trans-
 fer [opportunities] OPPORTUNITY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04316-01-3
              

 S. 1326                             2
 
   3. The commissioner shall promulgate rules and regulations to effectu-
 ate 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.
   C. "ADVERTISE" SHALL MEAN TO MAKE AVAILABLE TO  A  POOL  OF  POTENTIAL
 APPLICANTS  FOR  INTERNAL OR PUBLIC VIEWING, INCLUDING ELECTRONICALLY, A
 WRITTEN DESCRIPTION OF AN EMPLOYMENT OPPORTUNITY.
   [8] 7. The provisions of this section shall not be construed or inter-
 preted to supersede or preempt any provisions of local  law,  rules,  or
 regulations.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2022   amending the labor law  relat-
 ing  to  requiring  employers  to  disclose compensation or   range   of
 compensation to  applicants  and employees, as proposed  in  legislative
 bills numbers S. 9427-A and A. 10477, takes effect.