S T A T E O F N E W Y O R K
________________________________________________________________________
4047
2023-2024 Regular Sessions
I N S E N A T E
February 2, 2023
___________
Introduced by Sen. FERNANDEZ -- 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-c to
read as follows:
§ 194-C. ANNUAL PAY DATA REPORT. 1. ON OR BEFORE MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-FIVE, 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.
LBD08470-01-3
S. 4047 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 THIS
SUBDIVISION, 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. 4047 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.
