NY State Senate Bill 2021-S9427A

Senate Bill S9427A

2021-2022 Legislative Session

Requires employers to disclose compensation or range of compensation to applicants and employees

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.653 substituted for a10477
Jun 01, 2022	referred to ways and means delivered to assembly passed senate
May 31, 2022	ordered to third reading cal.1735 committee discharged and committed to rules
May 27, 2022	print number 9427a
May 27, 2022	amend and recommit to labor
May 26, 2022	referred to labor

Votes

- Jun 1, 2022 - Floor Vote
  S9427A
  
  46
  
  Aye
  
  17
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (46)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Oberacker
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (17)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 31, 2022 - Rules Committee Vote
  S9427A
  
  15
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (2)
      
      Griffo
      
      Ortt
      
      aye wr (3)
      
      Boyle
      
      Lanza
      
      Ritchie
      
      absent (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2021-S9427 - Details

See Assembly Version of this Bill:: A10477
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S9427, A10477

2021-S9427 - Summary

Requires employers to disclose compensation or range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing or upon employee request.

2021-S9427 - Sponsor Memo

                                 
BILL NUMBER: S9427

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation upon issuing a new
job opportunity, promotion or transfer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, promotions or transfers.  This section would prohibit
retaliation, allow aggrieved individuals to report a violation, and

authorizes the Department of Labor to issue fines for violations.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties and LGBTQ+ workers across New York State. Pay secrecy remains a key
contributing factor in persist, particularly for women, people of color,
people with disabilities, and LGBTQ+ workers across New York State. Pay
secrecy remains a key contributing factor in perpetuating wage inequal-
ity and discrimination.

Because salary decisions are made in the dark, implicit or overt biases
continue to shape hiring and salary setting decisions, artificially
depressing wages for women and people of color. .  Meanwhile, lower-wage
workers, including those most impacted by the COVID -19 pandemic, lack
the information and leverage needed to negotiate fair salaries to escape
these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring, promotions or transfer process will empower workers with
critical information, reduce discriminatory wage-setting and hiring
practices, and help level the playing field for our most vulnerable
workers.

Requiring compensation disclosures, which is increasingly considered a
best practice in the business community, will greatly benefit employers
and small businesses by simplifying and streamlining compensation deter-
minations and positively impacting efficiency, recruitment, and
retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect 270 days after enactment.

2021-S9427 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9427
 
                             I N  S E N A T E
 
                               May 26, 2022
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  requiring  employers  to
   disclose  compensation  or  range  of  compensation  to applicants and
   employees
 
   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 194-b to
 read as follows:
   § 194-B. MANDATORY DISCLOSURE OF  COMPENSATION  OR  RANGE  OF  COMPEN-
 SATION. 1. A.  NO EMPLOYER, EMPLOYMENT AGENCY, EMPLOYEE, OR AGENT THERE-
 OF SHALL ADVERTISE A JOB, PROMOTION, OR TRANSFER OPPORTUNITY THAT CAN OR
 WILL  BE  PERFORMED, AT LEAST IN PART, IN THE STATE OF NEW YORK, WITHOUT
 DISCLOSING THE FOLLOWING:
   (I) THE  COMPENSATION  OR  A  RANGE  OF  COMPENSATION  FOR  SUCH  JOB,
 PROMOTION, OR TRANSFER OPPORTUNITY; AND
   (II) THE JOB DESCRIPTION FOR SUCH JOB, PROMOTION, OR TRANSFER OPPORTU-
 NITY, IF SUCH DESCRIPTION EXISTS.
   B. ADVERTISEMENTS FOR JOBS, PROMOTIONS, OR TRANSFER OPPORTUNITIES PAID
 SOLELY  ON COMMISSION SHALL MAINTAIN COMPLIANCE WITH SUBPARAGRAPH (I) OF
 PARAGRAPH A OF THIS SUBDIVISION BY DISCLOSING IN WRITING  IN  A  GENERAL
 STATEMENT THAT COMPENSATION SHALL BE BASED ON COMMISSION.
   2.  NO  EMPLOYER  SHALL  REFUSE TO INTERVIEW, HIRE, PROMOTE, EMPLOY OR
 OTHERWISE RETALIATE AGAINST AN APPLICANT OR CURRENT EMPLOYEE  FOR  EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   4.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5.  A.  ANY  PERSON  CLAIMING  TO  BE AGGRIEVED BY A VIOLATION OF THIS
 SECTION MAY FILE  WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING  SUCH
 ALLEGED  VIOLATION  FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15971-01-2

 S. 9427                             2
 
 SETTING THE APPROPRIATE REMEDY, IF ANY, PURSUANT TO  THE  PROVISIONS  OF
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE.
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE
 HISTORY  OF  COMPENSATION  RANGES  FOR  EACH JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY AND  THE  JOB  DESCRIPTIONS  FOR  SUCH  POSITIONS,  IF  SUCH
 DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "RANGE  OF COMPENSATION" SHALL MEAN THE MINIMUM AND MAXIMUM ANNUAL
 SALARY OR HOURLY RANGE OF COMPENSATION FOR A JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY THAT THE EMPLOYER IN GOOD FAITH BELIEVES TO BE  ACCURATE  AT
 THE TIME OF THE POSTING OF AN ADVERTISEMENT FOR SUCH OPPORTUNITY.
   B. "EMPLOYER" SHALL MEAN:
   (I)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION,
 LABOR ORGANIZATION OR ENTITY EMPLOYING FOUR OR  MORE  EMPLOYEES  IN  ANY
 OCCUPATION,  INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF;
 AND
   (II) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION
 OR  ENTITY  ACTING  AS  AN  EMPLOYMENT  AGENT OR RECRUITER, OR OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS, PROVIDED THAT "EMPLOYER" SHALL NOT
 INCLUDE A TEMPORARY HELP FIRM AS SUCH TERM  IS  DEFINED  BY  SUBDIVISION
 FIVE OF SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED OR INTERPRET-
 ED  TO SUPERSEDE OR PREEMPT ANY PROVISIONS OF LOCAL LAW, RULES, OR REGU-
 LATIONS.
   § 2. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law.

co-Sponsors

2021-S9427A (ACTIVE) - Details

See Assembly Version of this Bill:: A10477
Law Section:: Labor Law
Laws Affected:: Add §194-b, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S9427, A10477

2021-S9427A (ACTIVE) - Summary

Requires employers to disclose compensation or range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing or upon employee request.

2021-S9427A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9427A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to
disclose compensation or range of compensation to applicants and employ-
ees

 
PURPOSE:

The purpose of this bill is to address systemic pay inequity and
discrimination through increased pay transparency by requiring employers
to disclose critical information about compensation upon issuing a new
job opportunity, promotion or transfer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 194-b to the Labor Law to
require employers to disclose compensation or range of compensation, a
job description, promotions or transfers.

This section would prohibit retaliation, allow aggrieved individuals to
report a violation, and authorizes the Department of Labor to issue
fines for violations.

 
JUSTIFICATION:

Despite progress in countering pay inequity, unacceptable pay gaps
persist, particularly for women, people of color, people with disabili-
ties and LGBTQ+ workers across New York State. Pay secrecy remains a key
contributing factor in persist, particularly for women, people of color,
people with disabilities, and LGBTQ+ workers across New York State. Pay
secrecy remains a key contributing factor in perpetuating wage inequal-
ity and discrimination.

Because salary decisions are made in the dark, implicit or overt biases
continue to shape hiring and salary setting decisions, artificially
depressing wages for women and people of color. .  Meanwhile, lower-wage
workers, including those most impacted by the COVID -19 pandemic, lack
the information and leverage needed to negotiate fair salaries to escape
these discriminatory practices.

Mandating employers to disclose compensation information at the start of
the hiring, promotions or transfer process will empower workers with
critical information, reduce discriminatory wage-setting and hiring
practices, and help level the playing field for our most vulnerable
workers.

Requiring compensation disclosures, which is increasingly considered a
best practice in the business community, will greatly benefit employers
and small businesses by simplifying and streamlining compensation deter-
minations and positively impacting efficiency, recruitment, and
retention.

To meaningfully achieve pay equity in New York State for all workers,
and to benefit employees and employers alike, it is time for all employ-
ers be more transparent in their salary-setting practices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect 270 days after enactment.

2021-S9427A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9427--A
 
                             I N  S E N A T E
 
                               May 26, 2022
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 labor law, in relation to requiring employers to
   disclose compensation or  range  of  compensation  to  applicants  and
   employees

   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  194-b  to
 read as follows:
   §  194-B.  MANDATORY  DISCLOSURE  OF  COMPENSATION OR RANGE OF COMPEN-
 SATION. 1. A.  NO EMPLOYER, EMPLOYMENT AGENCY, EMPLOYEE, OR AGENT THERE-
 OF SHALL ADVERTISE A JOB, PROMOTION, OR TRANSFER OPPORTUNITY THAT CAN OR
 WILL BE PERFORMED, AT LEAST IN PART, IN THE STATE OF NEW  YORK,  WITHOUT
 DISCLOSING THE FOLLOWING:
   (I)  THE  COMPENSATION  OR  A  RANGE  OF  COMPENSATION  FOR  SUCH JOB,
 PROMOTION, OR TRANSFER OPPORTUNITY; AND
   (II) THE JOB DESCRIPTION FOR SUCH JOB, PROMOTION, OR TRANSFER OPPORTU-
 NITY, IF SUCH DESCRIPTION EXISTS.
   B. ADVERTISEMENTS FOR JOBS, PROMOTIONS, OR TRANSFER OPPORTUNITIES PAID
 SOLELY ON COMMISSION SHALL MAINTAIN COMPLIANCE WITH SUBPARAGRAPH (I)  OF
 PARAGRAPH  A  OF  THIS SUBDIVISION BY DISCLOSING IN WRITING IN A GENERAL
 STATEMENT THAT COMPENSATION SHALL BE BASED ON COMMISSION.
   2. NO EMPLOYER SHALL REFUSE TO INTERVIEW,  HIRE,  PROMOTE,  EMPLOY  OR
 OTHERWISE  RETALIATE  AGAINST AN APPLICANT OR CURRENT EMPLOYEE FOR EXER-
 CISING ANY RIGHTS UNDER THIS SECTION.
   3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTU-
 ATE THE PROVISIONS OF THIS SECTION.
   4. THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH  CAMPAIGN,
 WHICH  SHALL  INCLUDE  MAKING  INFORMATION  AVAILABLE ON ITS WEBSITE AND
 OTHERWISE INFORMING EMPLOYERS OF THE PROVISIONS OF THIS SECTION.
   5. A. ANY PERSON CLAIMING TO BE  AGGRIEVED  BY  A  VIOLATION  OF  THIS
 SECTION  MAY  FILE  WITH  THE  COMMISSIONER  A  COMPLAINT REGARDING SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15971-02-2
 S. 9427--A                          2
 
 ALLEGED VIOLATION FOR AN INVESTIGATION OF SUCH COMPLAINT  AND  STATEMENT
 SETTING  THE  APPROPRIATE  REMEDY, IF ANY, PURSUANT TO THE PROVISIONS OF
 SECTION ONE HUNDRED NINETY-SIX-A OF THIS ARTICLE.
   B.  AN  EMPLOYER  WHO  FAILS  TO  COMPLY  WITH ANY REQUIREMENT OF THIS
 SECTION OR ANY  REGULATION  PUBLISHED  THEREUNDER  SHALL  BE  DEEMED  IN
 VIOLATION  OF  THIS  SECTION  AND SHALL BE SUBJECT TO A CIVIL PENALTY IN
 ACCORDANCE WITH SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   6. AN EMPLOYER SHALL KEEP AND MAINTAIN  NECESSARY  RECORDS  TO  COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE
 HISTORY  OF  COMPENSATION  RANGES  FOR  EACH JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY AND  THE  JOB  DESCRIPTIONS  FOR  SUCH  POSITIONS,  IF  SUCH
 DESCRIPTIONS EXIST.
   7. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "RANGE  OF COMPENSATION" SHALL MEAN THE MINIMUM AND MAXIMUM ANNUAL
 SALARY OR HOURLY RANGE OF COMPENSATION FOR A JOB, PROMOTION, OR TRANSFER
 OPPORTUNITY THAT THE EMPLOYER IN GOOD FAITH BELIEVES TO BE  ACCURATE  AT
 THE TIME OF THE POSTING OF AN ADVERTISEMENT FOR SUCH OPPORTUNITY.
   B. "EMPLOYER" SHALL MEAN:
   (I)  ANY  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION,
 LABOR ORGANIZATION OR ENTITY EMPLOYING FOUR OR  MORE  EMPLOYEES  IN  ANY
 OCCUPATION,  INDUSTRY, TRADE, BUSINESS OR SERVICE, OR ANY AGENT THEREOF;
 AND
   (II) ANY PERSON, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION
 OR  ENTITY  ACTING  AS  AN  EMPLOYMENT  AGENT OR RECRUITER, OR OTHERWISE
 CONNECTING APPLICANTS WITH EMPLOYERS, PROVIDED THAT "EMPLOYER" SHALL NOT
 INCLUDE A TEMPORARY HELP FIRM AS SUCH TERM  IS  DEFINED  BY  SUBDIVISION
 FIVE OF SECTION NINE HUNDRED SIXTEEN OF THIS CHAPTER.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED OR INTERPRET-
 ED  TO SUPERSEDE OR PREEMPT ANY PROVISIONS OF LOCAL LAW, RULES, OR REGU-
 LATIONS.
   § 2. This act shall take effect on  the  two  hundred  seventieth  day
 after it shall have become a law.

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