BILL NUMBER:S7825

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

PURPOSE OF THE BILL:
To clarify that employers are not required to provide employee employ-
ment and wage information to state or local agencies except as required
for investigations or enforcement.

SUMMARY OF SPECIFIC PROVISIONS:
The bill would amend the Labor Law to clarify that employers are not
required to provide employment and wage information 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 pressure 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.

BUDGET IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

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