Assembly Bill A10477

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10477
 
                           I N  A S S E M B L Y
 
                               May 27, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Ways and Means
 
 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
 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.
                                                            LBD10082-08-2
              

 A. 10477                            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.