S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5906
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation  to  requiring  employers  to
   disclose  information about benefits and other compensation, including
   bonuses, stock options, and commissions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "benefit
 transparency act".
   § 2. Section 194-b of the labor law, as amended by chapter 94  of  the
 laws of 2023, is amended to read as follows:
   §  194-b.  Mandatory  disclosure  of  POSITION  DESCRIPTION,  NON-WAGE
 compensation [or range of compensation], AND BENEFITS. 1. a.  No employ-
 er, employment agency, employee, or agent thereof shall advertise a job,
 promotion, or transfer opportunity that 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)  ANY NON-SALARY OR NON-WAGE:  (1) FORMS OF COMPENSATION FOR WHICH
 THE POSITION MAY BE ELIGIBLE, INCLUDING BONUSES, STOCKS, BONDS, OPTIONS,
 AND EQUITY OR OWNERSHIP; AND (2) BENEFITS THAT AN EMPLOYEE MAY BE ELIGI-
 BLE TO RECEIVE, INCLUDING HEALTH INSURANCE BENEFITS, PAID TIME OFF, PAID
 DISABILITY INSURANCE, AND PAID FAMILY LEAVE;
   (III) the job description for such job, promotion, or transfer  oppor-
 tunity[, if such description exists]; AND
   (IV)  A  GENERAL  DESCRIPTION  OF ALL BENEFITS AND OTHER COMPENSATION,
 INCLUDING, BUT NOT LIMITED TO, BONUSES, STOCK OPTIONS, HEALTH INSURANCE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02156-02-5
 A. 5906                             2
              

 
 OR OTHER INCENTIVES THE EMPLOYER REASONABLY EXPECTS  IN  GOOD  FAITH  TO
 OFFER FOR SUCH JOB, PROMOTION, OR TRANSFER OPPORTUNITY.
   b.  IF  AN EMPLOYER OFFERS A BASE SALARY OUTSIDE THE ADVERTISED RANGE,
 THE EMPLOYER SHALL RETAIN A  WRITTEN  RECORD  LISTING  THE  REASONS  FOR
 OFFERING  A  SALARY  OUTSIDE THE ADVERTISED RANGE FOR NO LESS THAN THREE
 YEARS AFTER THE DATE THE POSITION IS FILLED.
   C. An employer, employment agency, employee, or agent  thereof  adver-
 tising  for  a  job,  promotion,  or transfer opportunity paid solely on
 commission shall maintain compliance with subparagraph (i) of  paragraph
 a  of  this  subdivision  by disclosing a general statement that compen-
 sation shall be based on commission.
   D. AN EMPLOYMENT AGENCY, EMPLOYER, OR EMPLOYEE OR AGENT THEREOF  SHALL
 DISCLOSE  TO CURRENT EMPLOYEES UPON REQUEST, BUT NO MORE FREQUENTLY THAN
 ANNUALLY, THE CURRENT RANGE OF COMPENSATION, INCLUDING BASE  SALARY  AND
 OTHER  FORMS  OF MONETARY AND NON-MONETARY COMPENSATION FOR SUCH EMPLOY-
 EE'S CURRENT JOB TITLE  AND  ANY  OTHER  POSITIONS  REQUIRING  EQUAL  OR
 SUBSTANTIALLY   SIMILAR  SKILL,  EFFORT,  AND  RESPONSIBILITY  THAT  ARE
 PERFORMED UNDER SIMILAR WORKING CONDITIONS. FOR ANY  OTHER  NON-MONETARY
 COMPENSATION,  THE  RANGE  SHALL  BE  CALCULATED USING THE UNITS OF SUCH
 NON-MONETARY COMPENSATION.
   E. AN EMPLOYMENT AGENCY, EMPLOYER, OR EMPLOYEE OR  AGENT  THEREOF  WHO
 DOES NOT ISSUE AN ADVERTISEMENT FOR A JOB, PROMOTION, OR TRANSFER OPPOR-
 TUNITY  SHALL  DISCLOSE  THE  MINIMUM AND MAXIMUM SALARY OR HOURLY WAGE,
 NON-WAGE COMPENSATION, AND BENEFITS WHICH MAY BE OFFERED FOR SUCH  POSI-
 TION  UPON  THE REQUEST OF ANY PROSPECTIVE CANDIDATE AT ANY POINT DURING
 THE HIRING PROCESS.
   F. WITHIN FIVE BUSINESS DAYS OF MAKING AN OFFER OF  EMPLOYMENT  FOR  A
 JOB,   PROMOTION,  OR  TRANSFER  OPPORTUNITY  THAT  WILL  PHYSICALLY  BE
 PERFORMED, AT LEAST IN PART, IN THE STATE OF NEW YORK, AN EMPLOYER SHALL
 PROVIDE THE OFFEREE WITH INFORMATION RELATED TO  CURRENT  BENEFIT  PLANS
 THAT  SUCH  OFFEREE  WOULD BE ELIGIBLE FOR IF SUCH OFFEREE WERE TO IMME-
 DIATELY COMMENCE EMPLOYMENT, IF SUCH OFFEREE IS ELIGIBLE FOR ANY BENEFIT
 PLANS THROUGH THE EMPLOYER OR THROUGH A UNION, INCLUDING:
   (I) THE IDENTITY OF ANY AVAILABLE INSURANCE PLANS;
   (II) PREMIUM COSTS ATTRIBUTABLE TO THE EMPLOYEE  IN  A  SPECIFIED  PAY
 PERIOD;
   (III) ANNUAL DEDUCTIBLES;
   (IV) COINSURANCE;
   (V) COPAYMENTS;
   (VI) ANNUAL OR LIFETIME CAPS ON BENEFITS;
   (VII) COVERAGE OF PREVENTIVE SERVICES;
   (VIII) COVERAGE FOR PRENATAL AND REPRODUCTIVE HEALTH CARE;
   (IX) COVERAGE OF EXISTING AND NEW DRUGS;
   (X) COVERAGE FOR MEDICAL TESTS, DEVICES, AND PROCEDURES;
   (XI) A LINK TO SEARCH FOR IN-NETWORK PROVIDERS, IF AVAILABLE; AND
   (XII) OUT-OF-NETWORK COVERAGE PROVISIONS.
   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 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
 A. 5906                             3
 
 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. 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  BASED
 ON  FACTORS  SUCH AS RELEVANT QUALIFICATIONS, THE BUDGETED AMOUNT AVAIL-
 ABLE FOR THE POSITION, APPLICABLE PAY SCALE OR COMPENSATION MODEL RELIED
 UPON BY THE  EMPLOYER,  THE  ACTUAL  RANGE  OF  COMPENSATION  FOR  THOSE
 CURRENTLY  HOLDING THE POSITION OR EQUIVALENT POSITIONS, OR OTHER OPERA-
 TIONAL CONSIDERATIONS.
   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.
   D. "OFFEREE" SHALL MEAN ANY INDIVIDUAL WITH A PENDING OFFER OF EMPLOY-
 MENT FOR A JOB, PROMOTION, OR TRANSFER OPPORTUNITY.
   7. 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.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law.