Bill Text: NY S04556 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires that posting or advertising of any employment opportunities shall include the salary range and starting salary for the position except where otherwise provided by a collectively bargained agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04556 Detail]
Download: New_York-2019-S04556-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4556 2019-2020 Regular Sessions IN SENATE March 14, 2019 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, the executive law, the general business law and the labor law, in relation to advertising employment opportunities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6-a and 7 of section 6 of the civil service 2 law, subdivision 6-a as added by chapter 139 of the laws of 1992, subdi- 3 vision 7 as added by chapter 790 of the laws of 1958 and as renumbered 4 by chapter 45 of the laws of 1961, are amended to read as follows: 5 6-a. Submit a report on or before January thirty-first of each year, 6 to the governor and the legislature, and to the public by inclusion on 7 the department's website, which shall include, but not be limited to, 8 information detailing the total number of appeals received from determi- 9 nations made based upon written and oral examinations, performance tests 10 and ratings of training and experience, during the preceding twelve 11 months, and the final disposition or dispositions of each appeal[.]; 12 7. Prescribe rules for the advertisement of employment opportunities 13 to effectuate the intent of section one hundred fifty-nine-c of this 14 chapter; and 15 8. Meet in Albany at least once in each calendar month, except the 16 month of August, and hold such other meetings at such places within the 17 state as the needs of the public service may require. A majority of the 18 members of the commission shall constitute a quorum. 19 § 2. The civil service law is amended by adding a new section 159-c to 20 read as follows: 21 § 159-c. Advertising employment opportunities. Notwithstanding any 22 provision of law to the contrary, every employment opportunity adver- 23 tised by the state, a public authority, or a municipal employer shall 24 include the salary range and starting salary for the position; provided, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09011-02-9S. 4556 2 1 however that if the terms and conditions of a collectively bargained 2 agreement is in conflict with this section, the collectively bargained 3 agreement shall supersede this section. 4 § 3. The executive law is amended by adding a new section 655 to read 5 as follows: 6 § 655. Posting of employment opportunities. Every employment opportu- 7 nity submitted for inclusion in the state jobs employment database that 8 is made available to the public and maintained in whole or in part by 9 the office of employee relations shall include the starting salary and 10 salary range for the position. 11 § 4. Subdivision 1 of section 350-a of the general business law, as 12 amended by chapter 615 of the laws of 1988, is amended to read as 13 follows: 14 1. The term "false advertising" means advertising, including labeling, 15 of a commodity, or of the kind, character, terms or conditions of any 16 employment opportunity if such advertising is misleading in a material 17 respect. In determining whether any advertising is misleading, there 18 shall be taken into account (among other things) not only representa- 19 tions made by statement, word, design, device, sound or any combination 20 thereof, but also the extent to which the advertising fails to reveal 21 facts material in the light of such representations with respect to the 22 commodity or employment to which the advertising relates under the 23 conditions prescribed in said advertisement, or under such conditions as 24 are customary or usual. For purposes of this article, with respect to 25 the advertising of an employment opportunity, it shall be deemed 26 "misleading in a material respect" to [either] fail to reveal (a) wheth- 27 er the employment available or being offered requires or is conditioned 28 upon the purchasing or leasing of supplies, material, equipment or other 29 property [or], (b) whether such employment is on a commission rather 30 than a fixed salary basis and, if so, whether the salaries advertised 31 are only obtainable if sufficient commissions are earned, or (c) the 32 starting salary and salary range for the position. 33 § 5. The labor law is amended by adding a new section 219-d to read as 34 follows: 35 § 219-d. Advertising employment opportunities. Notwithstanding any 36 provision of law to the contrary, every employment opportunity adver- 37 tised by the state, a public authority, or a municipal employer shall 38 include the salary range and starting salary for the position; provided, 39 however that if the terms and conditions of a collectively bargained 40 agreement is in conflict with this section, the collectively bargained 41 agreement shall supersede this section. 42 § 6. The labor law is amended by adding a new section 920 to read as 43 follows: 44 § 920. Advertising employment opportunities. A professional employer 45 organization and a temporary help firm that advertise employment oppor- 46 tunities shall include the starting salary and salary range for each 47 advertised position. 48 § 7. This act shall take effect on the thirtieth day after it shall 49 have become a law.