S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4047
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 an annual pay data report
 
   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-c  to
 read as follows:
   §  194-C. ANNUAL PAY DATA REPORT.  1. ON OR BEFORE MARCH THIRTY-FIRST,
 TWO THOUSAND TWENTY-FIVE, AND ON OR BEFORE MARCH THIRTY-FIRST EACH  YEAR
 THEREAFTER,  A  PRIVATE  EMPLOYER THAT HAS ONE HUNDRED OR MORE EMPLOYEES
 AND WHO IS REQUIRED  TO  FILE  AN  ANNUAL  EMPLOYER  INFORMATION  REPORT
 (EEO-1)  PURSUANT  TO  FEDERAL LAW SHALL SUBMIT A PAY DATA REPORT TO THE
 DEPARTMENT COVERING THE PRIOR CALENDAR YEAR, WHICH, FOR PURPOSES OF THIS
 SECTION, SHALL BE REFERRED TO AS THE "REPORTING YEAR."
   2. THE PAY DATA REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) THE NUMBER OF EMPLOYEES BY RACE, ETHNICITY, AND SEX IN EACH OF THE
 FOLLOWING JOB CATEGORIES:
   (I) EXECUTIVE OR SENIOR LEVEL OFFICIALS AND MANAGERS;
   (II) FIRST OR MID-LEVEL OFFICIALS AND MANAGERS;
   (III) PROFESSIONALS;
   (IV) TECHNICIANS;
   (V) SALES WORKERS;
   (VI) ADMINISTRATIVE SUPPORT WORKERS;
   (VII) CRAFT WORKERS;
   (VIII) OPERATIVES;
   (IX) LABORERS AND HELPERS; AND
   (X) SERVICE WORKERS.
   (B) THE NUMBER OF EMPLOYEES BY RACE, ETHNICITY, AND SEX, WHOSE  ANNUAL
 EARNINGS  FALL  WITHIN  EACH  OF THE PAY BANDS USED BY THE UNITED STATES
 BUREAU OF LABOR STATISTICS IN  THE  OCCUPATIONAL  EMPLOYMENT  STATISTICS
 SURVEY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08470-01-3
              

 S. 4047                             2
 
   (C)  FOR  PURPOSES OF ESTABLISHING THE NUMBERS REQUIRED TO BE REPORTED
 UNDER SUBDIVISION ONE OF THIS SECTION, AN EMPLOYER SHALL CREATE A "SNAP-
 SHOT" THAT COUNTS ALL OF THE INDIVIDUALS IN EACH JOB CATEGORY  BY  RACE,
 ETHNICITY,  AND  SEX, EMPLOYED DURING A SINGLE PAY PERIOD OF THE EMPLOY-
 ER'S  CHOICE  BETWEEN  OCTOBER  FIRST  AND  DECEMBER THIRTY-FIRST OF THE
 "REPORTING YEAR."
   (D) FOR PURPOSES OF ESTABLISHING THE NUMBERS TO BE REPORTED UNDER THIS
 SUBDIVISION, THE EMPLOYER SHALL CALCULATE THE TOTAL EARNINGS,  AS  SHOWN
 ON  THE  INTERNAL  REVENUE  SERVICE  FORM  W-2, FOR EACH EMPLOYEE IN THE
 "SNAPSHOT," FOR THE ENTIRE "REPORTING YEAR," REGARDLESS  OF  WHETHER  OR
 NOT  AN  EMPLOYEE  WORKED FOR THE FULL CALENDAR YEAR. THE EMPLOYER SHALL
 TABULATE AND REPORT THE NUMBER OF EMPLOYEES WHOSE  W-2  EARNINGS  DURING
 THE "REPORTING YEAR" FELL WITHIN EACH PAY BAND.
   3.  THE EMPLOYER SHALL INCLUDE IN THE REPORT THE TOTAL NUMBER OF HOURS
 WORKED BY EACH EMPLOYEE COUNTED IN EACH PAY BAND DURING  THE  "REPORTING
 YEAR."
   4.  FOR  EMPLOYERS  WITH  MULTIPLE  ESTABLISHMENTS, THE EMPLOYER SHALL
 SUBMIT A REPORT FOR EACH ESTABLISHMENT AND A  CONSOLIDATED  REPORT  THAT
 INCLUDES ALL EMPLOYEES.
   5.  THE REPORT SHALL INCLUDE A SECTION FOR EMPLOYERS TO PROVIDE CLARI-
 FYING REMARKS REGARDING ANY OF THE INFORMATION PROVIDED. AN EMPLOYER  IS
 NOT REQUIRED TO PROVIDE CLARIFYING REMARKS.
   6.  IF AN EMPLOYER IS REQUIRED TO FILE AN EMPLOYER INFORMATION REPORT,
 OTHERWISE KNOWN AS THE  EEO-1  REPORT,  WITH  THE  UNITED  STATES  EQUAL
 EMPLOYMENT  OPPORTUNITY COMMISSION OR OTHER FEDERAL AGENCY THAT INCLUDES
 THE SAME OR SUBSTANTIALLY SIMILAR PAY DATA  INFORMATION  REQUIRED  UNDER
 THIS  SECTION,  THE EMPLOYER MAY SATISFY COMPLIANCE WITH THIS SECTION BY
 SUBMITTING THE EMPLOYER INFORMATION REPORT TO THE DEPARTMENT.
   7. IF THE DEPARTMENT DOES NOT RECEIVE  THE  REQUIRED  REPORT  FROM  AN
 EMPLOYER,  THE  DEPARTMENT  MAY  SEEK AN ORDER REQUIRING THE EMPLOYER TO
 COMPLY WITH THESE REQUIREMENTS AND SHALL  BE  ENTITLED  TO  RECOVER  THE
 COSTS ASSOCIATED WITH SEEKING THE ORDER FOR COMPLIANCE.
   8.  IT SHALL BE UNLAWFUL FOR ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT
 TO MAKE PUBLIC IN ANY MANNER WHATSOEVER  ANY  INDIVIDUALLY  IDENTIFIABLE
 INFORMATION  OBTAINED  PURSUANT  TO  THEIR  AUTHORITY UNDER THIS SECTION
 PRIOR TO THE INSTITUTION OF AN INVESTIGATION OR  ENFORCEMENT  PROCEEDING
 BY  THE  DEPARTMENT  INVOLVING  THAT INFORMATION, AND ONLY TO THE EXTENT
 NECESSARY FOR PURPOSES OF THE ENFORCEMENT PROCEEDING. FOR  THE  PURPOSES
 OF  THIS  SUBDIVISION,  "INDIVIDUALLY IDENTIFIABLE INFORMATION" INCLUDES
 DATA THAT IS ASSOCIATED WITH A SPECIFIC PERSON OR BUSINESS.
   9. ANY INFORMATION  DISCLOSED  TO  THE  DEPARTMENT  PURSUANT  TO  THIS
 SECTION  SHALL BE CONSIDERED CONFIDENTIAL INFORMATION AND NOT SUBJECT TO
 DISCLOSURE PURSUANT TO THE PUBLIC OFFICERS LAW.
   10. NOTWITHSTANDING SUBDIVISION SEVEN OF THIS SECTION, THE  DEPARTMENT
 MAY  DEVELOP  AND PUBLICIZE AGGREGATE REPORTS BASED ON THE DATA OBTAINED
 PURSUANT TO THEIR AUTHORITY UNDER THIS SECTION, PROVIDED THAT THE AGGRE-
 GATE REPORTS ARE REASONABLY CALCULATED TO PREVENT THE ASSOCIATION OF ANY
 DATA WITH ANY INDIVIDUAL BUSINESS OR PERSON.
   11. THE DEPARTMENT SHALL MAINTAIN PAY DATA REPORTS FOR NOT  LESS  THAN
 TEN YEARS.
   12.  FOR  PURPOSES  OF THIS SECTION, BOTH OF THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (A) "EMPLOYEE" MEANS AN INDIVIDUAL ON AN EMPLOYER'S PAYROLL, INCLUDING
 A PART-TIME INDIVIDUAL, FOR WHOM THE EMPLOYER IS  REQUIRED  TO  WITHHOLD
 FEDERAL SOCIAL SECURITY TAXES FROM THAT INDIVIDUAL'S WAGES.
 S. 4047                             3
 
   (B)   "ESTABLISHMENT"  MEANS  AN  ECONOMIC  UNIT  PRODUCING  GOODS  OR
 SERVICES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.