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Senate Bill S9427A

Signed By Governor

2021-2022 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2021-S9427 - Details

See Assembly Version of this Bill:
A10477
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

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

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

co-Sponsors

2021-S9427A (ACTIVE) - Details

See Assembly Version of this Bill:
A10477
Law Section:
Labor Law
Laws Affected:
Add §194-b, Lab L

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

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.

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