Bill Text: NY A06529 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Introduced - Dead) 2022-05-25 - amended on third reading 6529b [A06529 Detail]
Download: New_York-2021-A06529-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6529--B Cal. No. 430 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. JOYNER, JACKSON, STECK, JACOBSON, SIMON, DINOW- ITZ, SEAWRIGHT, LUNSFORD, CLARK, BRONSON, CRUZ, REYES, GONZALEZ-ROJAS, BURGOS, EPSTEIN, MEEKS, MAMDANI, GALLAGHER, GOTTFRIED, DAVILA, SAYEGH, JEAN-PIERRE, WALLACE, GALEF, L. ROSENTHAL, NIOU -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Codes in accordance with Assem- bly Rule 3, sec. 2 -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on 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: 1 Section 1. The labor law is amended by adding a new section 194-b to 2 read as follows: 3 § 194-b. Mandatory disclosure of compensation or range of compen- 4 sation. 1. a. No employer, employment agency, employee, or agent there- 5 of shall advertise a job, promotion, or transfer opportunity that can or 6 will be performed, at least in part, in the state of New York, without 7 disclosing the following: 8 (i) the compensation or a range of compensation for such job, 9 promotion, or transfer opportunity; 10 (ii) the job description for such job, promotion, or transfer opportu- 11 nity, if such description exists; and 12 (iii) a general description of other forms of compensation to be 13 offered if applicable, including but not limited to fringe benefits, 14 bonuses, stock options, or commissions. 15 b. Advertisements for jobs, promotions, or transfer opportunities paid 16 solely on commission shall maintain compliance with subparagraph (i) of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10082-05-2A. 6529--B 2 1 paragraph a of this subdivision by disclosing in writing in a general 2 statement that compensation shall be based on commission. 3 2. No employer shall refuse to interview, hire, promote, employ or 4 otherwise retaliate against an applicant or current employee for exer- 5 cising any rights under this section. 6 3. The commissioner may promulgate rules and regulations to effectuate 7 the provisions of this section. 8 4. The department shall conduct a public awareness outreach campaign, 9 which shall include making information available on its website and 10 otherwise informing employers of the provisions of this section. 11 5. a. Any person claiming to be aggrieved by a violation of this 12 section may file with the commissioner a complaint regarding such 13 alleged violation for an investigation of such complaint and statement 14 setting the appropriate remedy, if any, pursuant to the provisions of 15 section one hundred ninety-six-a of this article. 16 b. An employer who fails to comply with any requirement of this 17 section or any regulation published thereunder shall be deemed in 18 violation of this section and shall be subject to a civil penalty in 19 accordance with section two hundred eighteen of this chapter. 20 6. An employer shall keep and maintain necessary records to comply 21 with the requirements of this section including, but not limited to, the 22 history of compensation ranges for each job, promotion, or transfer 23 opportunity and the job descriptions for such positions, if such 24 descriptions exist. 25 7. For the purposes of this section the following terms shall have the 26 following meanings: 27 a. "range of compensation" shall mean the minimum and maximum annual 28 salary or hourly range of compensation for a job, promotion, or transfer 29 opportunity that the employer in good faith believes to be accurate at 30 the time of the posting of an advertisement for such opportunity. 31 b. "employer" shall mean: 32 (i) any person, corporation, limited liability company, association, 33 labor organization or entity employing four or more employees in any 34 occupation, industry, trade, business or service, or any agent thereof; 35 and 36 (ii) any person, corporation, limited liability company, association 37 or entity acting as an employment agent or recruiter, or otherwise 38 connecting applicants with employers, provided that "employer" shall not 39 include a temporary help firm as such term is defined by subdivision 40 five of section nine hundred sixteen of this chapter. 41 8. The provisions of this section shall not be construed or interpret- 42 ed to supersede or preempt any provisions of local law, rules, or regu- 43 lations. 44 § 2. This act shall take effect on the two hundred seventieth day 45 after it shall have become a law.