This bill has been amended

Bill S3362-2013

Provides that no employer shall be required to provide employment and wage information related to any employee or contractor of such employer to any agency

Provides that no municipal corporation shall enact any local law, rule, regulation or ordinance that would require an employer to provide employment and wage information related to an employee or contractor.

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  • Feb 1, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S3362

TITLE OF BILL: An act to amend the labor law, in relation to limiting employer filings of certain employment and wage information

PURPOSE: To clarify that employers are not required to provide employee employment and wage information to state or local agencies except as required for investigations or enforcement.

SUMMARY OF PROVISIONS: The bill would amend the Labor Law to clarify that employers are not required to provide employment and wage information related to their employees to any state or local agencies except as required pursuant to investigation or enforcement of alleged violations of law.

EXISTING LAW:

Section 195 of the Labor Law requires every employer to provide its employees with a written notice at the time of hiring, and annually thereafter, regarding the employee's rate of pay; whether by hour, shift, day, week, salary, piece, commission, or other; allowances, including tip, meal, or lodging allowances; the regular pay day designated by the employer; the employer's name and any "doing business as" names; the employer's main office physical address and a mailing address; the employer's telephone number; and any other information deemed material and necessary by the Commissioner of Labor.

The Commissioner of Labor is authorized to request and receive employee information in accordance with his or her general powers pursuant to Labor Law § 21 and the Commissioner's investigatory and enforcement powers related to alleged wage-related violations pursuant to Labor Law §§ 196 and 196-A.

JUSTIFICATION: Employers in New York State are under increasing pressure from high costs and government mandates. This has limited the State's ability to entice businesses to locate in New York and to create new jobs and grow the State's economy.

This bill is necessary to ensure that employers are not burdened by any new paperwork and filing mandates regarding employee employment and wage information. The purported purpose of wage notification mandates is to ensure employers pay wages to their employees in accordance with Labor Law Article 6. The problem is that unscrupulous employers who may be underpaying their employees will not disclose this abuse through wage reporting and notice requirements, and therefore expanding such requirements on responsible employers, including by mandating that employers file wage and employment information with state or local agencies, would be illogical and irresponsible.

The fact is that the overwhelming majority of such employers value their employees and comply with the many requirements related to posting and

providing notice of employee wage and employment information. Under current law, employers are not required to submit employment and wage information compiled in accordance to Article 6 of the Labor Law with the Department of Labor or any other state or local agency. This bill would merely clarify that employers would not have to provide such information to any state or local agency, except as required pursuant to an investigation or enforcement of alleged violations of law.

LEGISLATIVE HISTORY: S.7825 - 2011-2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This bill shall take effect immediately after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3362 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sen. DeFRANCISCO -- 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 limiting employer filings of certain employment and wage information 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 196-b to read as follows: S 196-B. LIMITING EMPLOYER FILING OF CERTAIN EMPLOYMENT AND WAGE INFORMATION. 1. NOTWITHSTANDING ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, NO EMPLOYER SHALL BE REQUIRED TO PROVIDE EMPLOYMENT AND WAGE INFORMATION RELATED TO ANY EMPLOYEE OR CONTRACTOR OF SUCH EMPLOYER TO ANY STATE OR LOCAL AGENCY. SUCH EMPLOYEE OR CONTRACTOR EMPLOYMENT AND WAGE INFORMATION SHALL INCLUDE: A. JOB TITLE, POSITION OR A DESCRIPTION OF THE TYPE OF WORK PERFORMED BY SUCH PERSON; AND B. THE INFORMATION DESCRIBED IN SUBDIVISION THREE OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE, INCLUDING THE NAME OF THE INDIVID- UAL; THE NAME OF THE EMPLOYER; THE ADDRESS AND TELEPHONE NUMBER OF THE EMPLOYER; THE RATE OR RATES OF PAY AND THE BASIS THEREOF; WHETHER PAID BY THE HOUR, SHIFT, DAY, WEEK, SALARY, PIECE, COMMISSION, OR OTHERWISE; GROSS WAGES; DEDUCTIONS; AND ALLOWANCES, IF ANY, CLAIMED AS PART OF THE MINIMUM WAGE AND NET WAGES. 2. NOTHING IN THIS SECTION SHALL LIMIT THE PROVISION OF EMPLOYMENT AND WAGE INFORMATION AS PART OF AN INVESTIGATION OR ENFORCEMENT OF ALLEGED VIOLATIONS OF THIS ARTICLE OR AS PART OF AN INVESTIGATION OR ENFORCEMENT BY A LAW ENFORCEMENT AGENCY. S 2. This act shall take effect immediately.

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