Senate Bill S3297

                                 BILL NUMBER:  S3297

 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 :

This bill would prohibit local laws requiring the reporting of certain
wage information.

 SUMMARY OF PROVISIONS :

Section 1- Amends the general municipal law by adding a new section
99-x.

Section 2 - Effective date.

 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 paperwork and filing mandates regarding employee employment
and wage information. The purported purpose of wage notification
mandates is to ensure employer 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 requirements on responsible employers,
including mandating that employer file wage and employment information
with State or local agencies would be illogical and irresponsible.

The fact is that the majority of employers value their employees and
comply with the many existing requirements related to information
posting of and providing notice of employee wage and employment
information. Under current state law, employers are not required to
submit employment and wage information compiled in accordance with
Article 6 of the Labor Law with the Department of Labor or any other
state or local agency. This bill merely clarifies that employers do
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;
S.3362/A.7801 - 2013-2014;
S.284/A.2477 - 2015-2016

 FISCAL IMPLICATIONS :

None.

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