Senate Bill S1604

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1604
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN  ACT  to  amend the civil service law, the executive law, the general
   business law and the labor law, in relation to advertising  employment
   opportunities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6-a and 7 of section 6 of  the  civil  service
 law, subdivision 6-a as added by chapter 139 of the laws of 1992, subdi-
 vision  7  as added by chapter 790 of the laws of 1958 and as renumbered
 by chapter 45 of the laws of 1961, are amended to read as follows:
   6-a. Submit a report on or before January thirty-first of  each  year,
 to  the  governor and the legislature, AND TO THE PUBLIC BY INCLUSION ON
 THE DEPARTMENT'S WEBSITE, which shall include, but not  be  limited  to,
 information detailing the total number of appeals received from determi-
 nations made based upon written and oral examinations, performance tests
 and  ratings  of  training  and  experience, during the preceding twelve
 months, and the final disposition or dispositions of each appeal[.];
   7. PRESCRIBE RULES FOR THE ADVERTISEMENT OF  EMPLOYMENT  OPPORTUNITIES
 TO  EFFECTUATE  THE  INTENT  OF SECTION ONE HUNDRED FIFTY-NINE-C OF THIS
 CHAPTER; AND
   8. Meet in Albany at least once in each  calendar  month,  except  the
 month  of August, and hold such other meetings at such places within the
 state as the needs of the public service may require. A majority of  the
 members of the commission shall constitute a quorum.
   § 2. The civil service law is amended by adding a new section 159-c to
 read as follows:
   §  159-C.  ADVERTISING  EMPLOYMENT  OPPORTUNITIES. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, EVERY  EMPLOYMENT  OPPORTUNITY  ADVER-
 TISED  BY  THE  STATE, A PUBLIC AUTHORITY, OR A MUNICIPAL EMPLOYER SHALL
 INCLUDE THE SALARY RANGE AND STARTING SALARY FOR THE POSITION; PROVIDED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06525-01-1

 S. 1604                             2
 
 HOWEVER THAT IF THE TERMS AND CONDITIONS  OF  A  COLLECTIVELY  BARGAINED
 AGREEMENT  IS  IN CONFLICT WITH THIS SECTION, THE COLLECTIVELY BARGAINED
 AGREEMENT SHALL SUPERSEDE THIS SECTION.
   §  3. The executive law is amended by adding a new section 655 to read
 as follows:
   § 655. POSTING OF EMPLOYMENT OPPORTUNITIES. EVERY EMPLOYMENT  OPPORTU-
 NITY  SUBMITTED FOR INCLUSION IN THE STATE JOBS EMPLOYMENT DATABASE THAT
 IS MADE AVAILABLE TO THE PUBLIC AND MAINTAINED IN WHOLE OR  IN  PART  BY
 THE  OFFICE  OF EMPLOYEE RELATIONS SHALL INCLUDE THE STARTING SALARY AND
 SALARY RANGE FOR THE POSITION.
   § 4. Subdivision 1 of section 350-a of the general  business  law,  as
 amended  by  chapter  615  of  the  laws  of 1988, is amended to read as
 follows:
   1. The term "false advertising" means advertising, including labeling,
 of a commodity, or of the kind, character, terms or  conditions  of  any
 employment  opportunity  if such advertising is misleading in a material
 respect. In determining whether any  advertising  is  misleading,  there
 shall  be  taken  into account (among other things) not only representa-
 tions made by statement, word, design, device, sound or any  combination
 thereof,  but  also  the extent to which the advertising fails to reveal
 facts material in the light of such representations with respect to  the
 commodity  or  employment  to  which  the  advertising relates under the
 conditions prescribed in said advertisement, or under such conditions as
 are customary or usual. For purposes of this article,  with  respect  to
 the  advertising  of  an  employment  opportunity,  it  shall  be deemed
 "misleading in a material respect" to [either] fail to reveal (A) wheth-
 er the employment available or being offered requires or is  conditioned
 upon the purchasing or leasing of supplies, material, equipment or other
 property  [or],  (B)  whether  such employment is on a commission rather
 than a fixed salary basis and, if so, whether  the  salaries  advertised
 are  only  obtainable  if  sufficient commissions are earned, OR (C) THE
 STARTING SALARY AND SALARY RANGE FOR THE POSITION.
   § 5. The labor law is amended by adding a new section 219-d to read as
 follows:
   § 219-D. ADVERTISING  EMPLOYMENT  OPPORTUNITIES.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  TO THE CONTRARY, EVERY EMPLOYMENT OPPORTUNITY ADVER-
 TISED BY THE STATE, A PUBLIC AUTHORITY, OR A  MUNICIPAL  EMPLOYER  SHALL
 INCLUDE THE SALARY RANGE AND STARTING SALARY FOR THE POSITION; PROVIDED,
 HOWEVER  THAT  IF  THE  TERMS AND CONDITIONS OF A COLLECTIVELY BARGAINED
 AGREEMENT IS IN CONFLICT WITH THIS SECTION, THE  COLLECTIVELY  BARGAINED
 AGREEMENT SHALL SUPERSEDE THIS SECTION.
   §  6.  The labor law is amended by adding a new section 920 to read as
 follows:
   § 920. ADVERTISING EMPLOYMENT OPPORTUNITIES. A  PROFESSIONAL  EMPLOYER
 ORGANIZATION  AND A TEMPORARY HELP FIRM THAT ADVERTISE EMPLOYMENT OPPOR-
 TUNITIES SHALL INCLUDE THE STARTING SALARY AND  SALARY  RANGE  FOR  EACH
 ADVERTISED POSITION.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law.