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.
                                                                   LBD09011-02-9

        S. 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.
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