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.
STATE OF NEW YORK
________________________________________________________________________
10477
IN ASSEMBLY
May 27, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
read once and referred to the Committee on Ways and Means
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; and
10 (ii) the job description for such job, promotion, or transfer opportu-
11 nity, if such description exists.
12 b. Advertisements for jobs, promotions, or transfer opportunities paid
13 solely on commission shall maintain compliance with subparagraph (i) of
14 paragraph a of this subdivision by disclosing in writing in a general
15 statement that compensation shall be based on commission.
16 2. No employer shall refuse to interview, hire, promote, employ or
17 otherwise retaliate against an applicant or current employee for exer-
18 cising any rights under this section.
19 3. The commissioner shall promulgate rules and regulations to effectu-
20 ate the provisions of this section.
21 4. The department shall conduct a public awareness outreach campaign,
22 which shall include making information available on its website and
23 otherwise informing employers of the provisions of this section.
24 5. a. Any person claiming to be aggrieved by a violation of this
25 section may file with the commissioner a complaint regarding such
26 alleged violation for an investigation of such complaint and statement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10082-08-2
A. 10477 2
1 setting the appropriate remedy, if any, pursuant to the provisions of
2 section one hundred ninety-six-a of this article.
3 b. An employer who fails to comply with any requirement of this
4 section or any regulation published thereunder shall be deemed in
5 violation of this section and shall be subject to a civil penalty in
6 accordance with section two hundred eighteen of this chapter.
7 6. An employer shall keep and maintain necessary records to comply
8 with the requirements of this section including, but not limited to, the
9 history of compensation ranges for each job, promotion, or transfer
10 opportunity and the job descriptions for such positions, if such
11 descriptions exist.
12 7. For the purposes of this section the following terms shall have the
13 following meanings:
14 a. "range of compensation" shall mean the minimum and maximum annual
15 salary or hourly range of compensation for a job, promotion, or transfer
16 opportunity that the employer in good faith believes to be accurate at
17 the time of the posting of an advertisement for such opportunity.
18 b. "employer" shall mean:
19 (i) any person, corporation, limited liability company, association,
20 labor organization or entity employing four or more employees in any
21 occupation, industry, trade, business or service, or any agent thereof;
22 and
23 (ii) any person, corporation, limited liability company, association
24 or entity acting as an employment agent or recruiter, or otherwise
25 connecting applicants with employers, provided that "employer" shall not
26 include a temporary help firm as such term is defined by subdivision
27 five of section nine hundred sixteen of this chapter.
28 8. The provisions of this section shall not be construed or interpret-
29 ed to supersede or preempt any provisions of local law, rules, or regu-
30 lations.
31 § 2. This act shall take effect on the two hundred seventieth day
32 after it shall have become a law.
