senate Bill S3362A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
returned to senate
died in assembly
Jun 20, 2013 referred to local governments
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1048
May 20, 2013 committee discharged and committed to local government
May 08, 2013 print number 3362a
amend (t) and recommit to labor
Feb 01, 2013 referred to labor

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S3362 - Bill Details

See Assembly Version of this Bill:
A7801
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S7825

S3362 - Bill Texts

view 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.

view 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.

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                    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

S3362A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7801
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S7825

S3362A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3362A REVISED MEMO 05/15/13

TITLE OF BILL: An act to amend the general municipal law, in relation
to prohibiting local laws requiring the reporting of certain employee
wage information

PURPOSE:

To prohibit local laws that require an employer to provide employment
and wage information related to any employee or contractor to a local
agency except as required for investigations or enforcement and to
provide data for determining prevailing wages.

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
designated 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 locally imposed paperwork and filing mandates regarding
employee employment and wage information. Specifically, the
legislation would pre-empt local laws, such as that enacted in New
York City, which required employers in the affordable housing industry
to file new disclosures related to their employees. 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. Imposing new disclosure requirements on responsible
employers, such as mandating that employers file wage and employment
information with local agencies, would be financially burdensome and
unnecessary for employers.

The fact is that affordable housing developers value their employees
and comply with the many existing requirements related to information
posting and employee wage and employment information. Under current


state 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. The New
York City law targets a single class of employer those in the
affordable housing industry with no ostensible public purpose or
related to employee safety. This bill is necessary to insure that
other localities do not similarly burden selected classes of employers
for redundant or unnecessary reporting which is usually covered by
state law. Further, employers who work in different localities
throughout the state should not be burdened with multiple sets of
local reporting and should be able to rely upon the certainty that
single agency reporting at the state level fosters.

This bill would merely clarify that employers would not have to
provide such information to any local agency, except as required
pursuant to an investigation or enforcement of alleged violations of
law or to provide date for determining prevailing wages.

LEGISLATIVE HISTORY:

S.7825 - 2011-2012

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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

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

                                 3362--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  local laws requiring the reporting of certain employee  wage  informa-
  tion

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-x to read as follows:
  S  99-X.  EMPLOYEE AND CONTRACTOR EMPLOYMENT AND WAGE INFORMATION.  1.
NOTWITHSTANDING ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE  CONTRARY,  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  ANY EMPLOYEE OR CONTRACTOR OF SUCH EMPLOYER TO
ANY LOCAL AGENCY.
  2. FOR PURPOSES OF THIS SECTION, 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 SECTION ONE HUNDRED NINETY-FIVE OF THE
LABOR LAW.
  3. NOTHING IN THIS SECTION SHALL LIMIT THE PROVISION OF EMPLOYMENT AND
WAGE INFORMATION PURSUANT TO:
  A.  AN INVESTIGATION OR ENFORCEMENT OF ALLEGED VIOLATIONS OF THE LABOR
LAW; OR
  B.  AN INVESTIGATION OR ENFORCEMENT BY A LAW ENFORCEMENT AGENCY; OR
  C. ARTICLE EIGHT OF THE LABOR LAW.
  4.  THE  PROVISIONS  OF  THIS  SECTION SHALL SUPERSEDE ALL LOCAL LAWS,
RULES, REGULATIONS OR ORDINANCES ENACTED PRIOR TO THE EFFECTIVE DATE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08401-02-3

S. 3362--A                          2

THIS  SECTION  THAT  WOULD REQUIRE AN EMPLOYER TO PROVIDE EMPLOYMENT AND
WAGE INFORMATION RELATED TO ANY EMPLOYEE OR CONTRACTOR FOR SUCH EMPLOYER
TO ANY LOCAL AGENCY.
  S 2. This act shall take effect immediately.

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