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A10477 Summary:

SPONSORRules (Joyner)
Add §194-b, Lab L
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.
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A10477 Text:

                STATE OF NEW YORK
                   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
          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.

        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.
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