senate Bill S3362

Amended

Provides that no municipal corporation shall enact any local law, rule, regulation or ordinance that would require an employer to provide employment and wage information related to an employee or contractor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO LABOR
  • 08 / May / 2013
    • AMEND (T) AND RECOMMIT TO LABOR
  • 08 / May / 2013
    • PRINT NUMBER 3362A
  • 20 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO LOCAL GOVERNMENT
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1048
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT

Summary

Provides that no municipal corporation shall enact any local law, rule, regulation or ordinance that would require an employer to provide employment and wage information related to an employee or contractor.

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Bill Details

Versions:
S3362
S3362A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
Labor Law
Laws Affected:
Add §196-b, Lab L
Versions Introduced in 2011-2012 Legislative Cycle:
S7825

Sponsor Memo

BILL NUMBER:S3362

TITLE OF BILL: An act to amend the labor law, in relation to limiting
employer filings of certain employment and wage information

PURPOSE: To clarify that employers are not required to provide employee
employment and wage information to state or local agencies except as
required for investigations or enforcement.

SUMMARY OF PROVISIONS: The bill would amend the Labor Law to clarify
that employers are not required to provide employment and wage informa-
tion related to their employees to any state or local agencies except as
required pursuant to investigation or enforcement of alleged violations
of law.

EXISTING LAW:

Section 195 of the Labor Law requires every employer to provide its
employees with a written notice at the time of hiring, and annually
thereafter, regarding the employee's rate of pay; whether by hour,
shift, day, week, salary, piece, commission, or other; allowances,
including tip, meal, or lodging allowances; the regular pay day desig-
nated by the employer; the employer's name and any "doing business as"
names; the employer's main office physical address and a mailing
address; the employer's telephone number; and any other information
deemed material and necessary by the Commissioner of Labor.

The Commissioner of Labor is authorized to request and receive employee
information in accordance with his or her general powers pursuant to
Labor Law § 21 and the Commissioner's investigatory and enforcement
powers related to alleged wage-related violations pursuant to Labor Law
§§ 196 and 196-A.

JUSTIFICATION: Employers in New York State are under increasing pres-
sure from high costs and government mandates. This has limited the
State's ability to entice businesses to locate in New York and to create
new jobs and grow the State's economy.

This bill is necessary to ensure that employers are not burdened by any
new paperwork and filing mandates regarding employee employment and wage
information. The purported purpose of wage notification mandates is to
ensure employers pay wages to their employees in accordance with Labor
Law Article 6. The problem is that unscrupulous employers who may be
underpaying their employees will not disclose this abuse through wage
reporting and notice requirements, and therefore expanding such require-
ments on responsible employers, including by mandating that employers
file wage and employment information with state or local agencies, would
be illogical and irresponsible.

The fact is that the overwhelming majority of such employers value their
employees and comply with the many requirements related to posting and

providing notice of employee wage and employment information. Under
current law, employers are not required to submit employment and wage
information compiled in accordance to Article 6 of the Labor Law with
the Department of Labor or any other state or local agency. This bill
would merely clarify that employers would not have to provide such
information to any state or local agency, except as required pursuant to
an investigation or enforcement of alleged violations of law.

LEGISLATIVE HISTORY: S.7825 - 2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This bill shall take effect immediately after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3362

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to limiting employer  filings
  of certain employment and wage information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  196-b  to
read as follows:
  S  196-B.  LIMITING  EMPLOYER  FILING  OF  CERTAIN EMPLOYMENT AND WAGE
INFORMATION. 1. NOTWITHSTANDING ANY GENERAL, SPECIAL, OR  LOCAL  LAW  TO
THE  CONTRARY,  NO  EMPLOYER SHALL BE REQUIRED TO PROVIDE EMPLOYMENT AND
WAGE INFORMATION RELATED TO ANY EMPLOYEE OR CONTRACTOR OF SUCH  EMPLOYER
TO ANY STATE OR LOCAL AGENCY. SUCH EMPLOYEE OR CONTRACTOR EMPLOYMENT AND
WAGE INFORMATION SHALL INCLUDE:
  A.  JOB TITLE, POSITION OR A DESCRIPTION OF THE TYPE OF WORK PERFORMED
BY SUCH PERSON; AND
  B. THE INFORMATION DESCRIBED  IN  SUBDIVISION  THREE  OF  SECTION  ONE
HUNDRED  NINETY-FIVE OF THIS ARTICLE, INCLUDING THE NAME OF THE INDIVID-
UAL; THE NAME OF THE EMPLOYER; THE ADDRESS AND TELEPHONE NUMBER  OF  THE
EMPLOYER;  THE  RATE OR RATES OF PAY AND THE BASIS THEREOF; WHETHER PAID
BY THE HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR  OTHERWISE;
GROSS  WAGES; DEDUCTIONS; AND ALLOWANCES, IF ANY, CLAIMED AS PART OF THE
MINIMUM WAGE AND NET WAGES.
  2. NOTHING IN THIS SECTION SHALL LIMIT THE PROVISION OF EMPLOYMENT AND
WAGE INFORMATION AS PART OF AN INVESTIGATION OR ENFORCEMENT  OF  ALLEGED
VIOLATIONS OF THIS ARTICLE OR AS PART OF AN INVESTIGATION OR ENFORCEMENT
BY A LAW ENFORCEMENT AGENCY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08401-01-3

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