Senate Bill S5598C

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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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Bill Amendments

2021-S5598 - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

2021-S5598 - 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-S5598 - Sponsor Memo

2021-S5598 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5598
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 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. UPON ISSUING AN EMPLOYMENT OPPORTUNITY FOR INTERNAL OR PUBLIC
 VIEWING  AN  EMPLOYER  SHALL  DISCLOSE IN WRITING OR ELECTRONICALLY: THE
 COMPENSATION OR A RANGE OF COMPENSATION; THE  JOB  DESCRIPTION  FOR  THE
 POSITION,  IF  ONE EXISTS; AND A GENERAL DESCRIPTION OF ALL OF THE BENE-
 FITS AND OTHER FORMS OF COMPENSATION TO BE OFFERED.  AN  EMPLOYER  SHALL
 ALSO  PROVIDE AN EMPLOYEE THE RANGE OF COMPENSATION IN PLACE AT THE TIME
 OF REQUEST AND JOB  DESCRIPTION,  IF  ONE  EXISTS,  FOR  THE  EMPLOYEE'S
 CURRENT  POSITION  AT  THE TIME OF HIRE AND UPON THE EMPLOYEE'S REQUEST,
 BUT NO MORE FREQUENTLY THAN ONCE PER YEAR.
   2. NO EMPLOYER SHALL REFUSE TO INTERVIEW, HIRE,  PROMOTE,  EMPLOY,  OR
 OTHERWISE  RETALIATE AGAINST AN APPLICANT OR EMPLOYEE FOR EXERCISING ANY
 RIGHTS UNDER THIS SECTION.
   3. THE DEPARTMENT SHALL HAVE THE POWER TO ADMINISTER, CARRY  OUT,  AND
 ENFORCE  ALL THE PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES AND
 REGULATIONS FOR SUCH PURPOSE. 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.
   4.  THE  DEPARTMENT  SHALL  CREATE  A  COMPLAINT MECHANISM WHEREBY ANY
 PERSON WHO BELIEVES A VIOLATION OF THIS SECTION HAS OCCURRED CAN  REPORT
 SUCH  VIOLATION  IN  WRITING  TO  THE  DEPARTMENT,  WHICH SHALL HAVE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S5598A - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

2021-S5598A - 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-S5598A - Sponsor Memo

2021-S5598A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 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. UPON ISSUING AN EMPLOYMENT OPPORTUNITY  FOR  INTERNAL  OR
 PUBLIC  VIEWING  AN  EMPLOYER SHALL DISCLOSE THE FOLLOWING IN WRITING OR
 ELECTRONICALLY:
   (I) THE COMPENSATION OR A RANGE OF COMPENSATION  FOR  SUCH  EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR THE POSITION, IF SUCH DESCRIPTION EXISTS;
 AND
   (III) A GENERAL DESCRIPTION OF ALL BENEFITS AND OTHER FORMS OF COMPEN-
 SATION TO BE OFFERED.
   B.  AN  EMPLOYER  SHALL  PROVIDE  A CURRENT EMPLOYEE WITH THE RANGE OF
 COMPENSATION IN PLACE AT THE TIME OF SUCH EMPLOYEE'S REQUEST AND THE JOB
 DESCRIPTION, IF SUCH DESCRIPTION  EXISTS,  FOR  THE  EMPLOYEE'S  CURRENT
 POSITION  AT  THE  TIME  OF HIRE AND UPON THE EMPLOYEE'S REQUEST, BUT NO
 MORE FREQUENTLY THAN ONCE PER YEAR.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-02-1

              

co-Sponsors

2021-S5598B - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

2021-S5598B - 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-S5598B - Sponsor Memo

2021-S5598B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BIAGGI, BROUK, JACKSON, MAYER, SANDERS, SAVI-
   NO -- 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  --
   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.  UPON  ISSUING AN EMPLOYMENT OPPORTUNITY FOR INTERNAL OR
 PUBLIC VIEWING AN EMPLOYER SHALL DISCLOSE THE FOLLOWING  IN  WRITING  OR
 ELECTRONICALLY:
   (I)  THE  COMPENSATION  OR A RANGE OF COMPENSATION FOR SUCH EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR THE POSITION, IF SUCH DESCRIPTION EXISTS;
 AND
   (III) A GENERAL DESCRIPTION OF ALL BENEFITS AND OTHER FORMS OF COMPEN-
 SATION TO BE OFFERED.
   B. AN EMPLOYER SHALL PROVIDE A CURRENT  EMPLOYEE  WITH  THE  RANGE  OF
 COMPENSATION IN PLACE AT THE TIME OF SUCH EMPLOYEE'S REQUEST AND THE JOB
 DESCRIPTION,  IF  SUCH  DESCRIPTION  EXISTS,  FOR THE EMPLOYEE'S CURRENT
 POSITION AT THE TIME OF HIRE AND UPON THE  EMPLOYEE'S  REQUEST,  BUT  NO
 MORE FREQUENTLY THAN ONCE PER YEAR.
   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.

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

co-Sponsors

2021-S5598C - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

2021-S5598C - 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-S5598C - Sponsor Memo

2021-S5598C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BIAGGI,  BROUK, COONEY, JACKSON, KRUEGER,
   MAYER, MYRIE, RIVERA, SALAZAR, SANDERS, SAVINO, THOMAS --  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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Labor in accordance  with
   Senate  Rule  6, sec. 8 -- 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.  AN  ADVERTISEMENT  FOR  AN EMPLOYMENT OPPORTUNITY TO BE
 PERFORMED FOR AN EMPLOYER AT LEAST IN PART IN  THE  STATE  OF  NEW  YORK
 SHALL DISCLOSE THE FOLLOWING IN WRITING:
   (I)  THE  COMPENSATION  OR A RANGE OF COMPENSATION FOR SUCH EMPLOYMENT
 OPPORTUNITY;
   (II) THE JOB DESCRIPTION FOR  SUCH  EMPLOYMENT  OPPORTUNITY,  IF  SUCH
 DESCRIPTION EXISTS; AND
   (III)  A  GENERAL  DESCRIPTION  OF  OTHER  FORMS OF COMPENSATION TO BE
 OFFERED IF APPLICABLE, INCLUDING BUT NOT LIMITED TO FRINGE BENEFITS.
   B. ADVERTISEMENTS FOR EMPLOYMENT OPPORTUNITIES PAID SOLELY ON  COMMIS-
 SION  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-04-2
 S. 5598--C                          2
              

co-Sponsors

2021-S5598D (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

2021-S5598D (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-S5598D (ACTIVE) - Sponsor Memo

2021-S5598D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5598--D
     Cal. No. 1287
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BIAGGI,  BROUK, COONEY, JACKSON, KRUEGER,
   MAYER, MYRIE, RIVERA, SALAZAR, SANDERS, SAVINO, THOMAS --  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  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Labor in accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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;
   (II) THE JOB DESCRIPTION FOR SUCH JOB, PROMOTION, OR TRANSFER OPPORTU-
 NITY, IF SUCH DESCRIPTION EXISTS; AND
   (III) A GENERAL DESCRIPTION OF  OTHER  FORMS  OF  COMPENSATION  TO  BE
 OFFERED  IF  APPLICABLE,  INCLUDING  BUT NOT LIMITED TO FRINGE BENEFITS,
 BONUSES, STOCK OPTIONS, OR COMMISSIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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