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A00999 Summary:

BILL NOA00999
 
SAME ASSAME AS S01326
 
SPONSORJoyner
 
COSPNSR
 
MLTSPNSR
 
Amd §194-b, Lab L (as proposed in S.9427-A & A.10477)
 
Relates to disclosure and advertisement of 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; defines "advertise" to mean to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity; makes technical corrections.
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A00999 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           999
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor
 
        AN  ACT to amend the labor law, in relation to disclosure and advertise-
          ment of a job, promotion, or transfer opportunity
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  194-b of the labor law, as added by a chapter of
     2  the laws of 2022 amending the labor law relating to requiring  employers
     3  to  disclose  compensation or   range   of  compensation  to  applicants
     4  and employees, as proposed in legislative bills numbers S. 9427-A and A.
     5  10477, is amended to read as follows:
     6    § 194-b. Mandatory disclosure of  compensation  or  range  of  compen-
     7  sation. 1. a.  No employer, employment agency, employee, or agent there-
     8  of  shall  advertise a job, promotion, or transfer opportunity that [can
     9  or] will physically be performed, at least in part, in the state of  New
    10  York,  including  a  job,  promotion,  or transfer opportunity that will
    11  physically be performed outside of New York but reports to a supervisor,
    12  office, or other work site in New York without disclosing the following:
    13    (i) the  compensation  or  a  range  of  compensation  for  such  job,
    14  promotion, or transfer opportunity; and
    15    (ii) the job description for such job, promotion, or transfer opportu-
    16  nity, if such description exists.
    17    b. [Advertisements] An employer, employment agency, employee, or agent
    18  thereof  advertising for [jobs] a job, [promotions] promotion, or trans-
    19  fer [opportunities] opportunity paid solely on commission shall maintain
    20  compliance with subparagraph (i) of paragraph a of this  subdivision  by
    21  disclosing  [in  writing in] a general statement that compensation shall
    22  be based on commission.
    23    2. No employer shall refuse to interview,  hire,  promote,  employ  or
    24  otherwise  retaliate  against an applicant or current employee for exer-
    25  cising any rights under this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04316-01-3

        A. 999                              2
 
     1    3. The commissioner shall promulgate rules and regulations to effectu-
     2  ate the provisions of this section.
     3    4.  The department shall conduct a public awareness outreach campaign,
     4  which shall include making information  available  on  its  website  and
     5  otherwise informing employers of the provisions of this section.
     6    5.  a.  Any  person  claiming  to  be aggrieved by a violation of this
     7  section may file  with  the  commissioner  a  complaint  regarding  such
     8  alleged  violation  for an investigation of such complaint and statement
     9  setting the appropriate remedy, if any, pursuant to  the  provisions  of
    10  section one hundred ninety-six-a of this article.
    11    b.  An  employer  who  fails  to  comply  with any requirement of this
    12  section or any  regulation  published  thereunder  shall  be  deemed  in
    13  violation  of  this  section  and shall be subject to a civil penalty in
    14  accordance with section two hundred eighteen of this chapter.
    15    6. [An employer shall keep and maintain necessary  records  to  comply
    16  with the requirements of this section including, but not limited to, the
    17  history  of  compensation  ranges  for  each job, promotion, or transfer
    18  opportunity and  the  job  descriptions  for  such  positions,  if  such
    19  descriptions exist.
    20    7.]  For  the  purposes of this section the following terms shall have
    21  the following meanings:
    22    a. "range of compensation" shall mean the minimum and  maximum  annual
    23  salary or hourly range of compensation for a job, promotion, or transfer
    24  opportunity  that  the employer in good faith believes to be accurate at
    25  the time of the posting of an advertisement for such opportunity.
    26    b. "employer" shall mean:
    27    (i) any person, corporation, limited liability  company,  association,
    28  labor  organization  or  entity  employing four or more employees in any
    29  occupation, industry, trade, business or service, or any agent  thereof;
    30  and
    31    (ii)  any  person, corporation, limited liability company, association
    32  or entity acting as an  employment  agent  or  recruiter,  or  otherwise
    33  connecting applicants with employers, provided that "employer" shall not
    34  include  a  temporary  help  firm as such term is defined by subdivision
    35  five of section nine hundred sixteen of this chapter.
    36    c. "advertise" shall mean to make available to  a  pool  of  potential
    37  applicants  for  internal or public viewing, including electronically, a
    38  written description of an employment opportunity.
    39    [8] 7. The provisions of this section shall not be construed or inter-
    40  preted to supersede or preempt any provisions of local  law,  rules,  or
    41  regulations.
    42    §  2.  This  act  shall  take  effect on the same date and in the same
    43  manner as a chapter of the laws of 2022   amending the labor law  relat-
    44  ing  to  requiring  employers  to  disclose compensation or   range   of
    45  compensation to  applicants  and employees, as proposed  in  legislative
    46  bills numbers S. 9427-A and A. 10477, takes effect.
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