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.
Ayes (43): Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Ranzenhofer, Ritchie, Robach, Savino, Seward, Skelos, Smith, Tkaczyk, Valesky, Young, Zeldin
Nays (19): Adams, Addabbo, Avella, Diaz, Espaillat, Gianaris, Hassell-Thomps, Hoylman, Krueger, Montgomery, Parker, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (1): Sampson
BILL NUMBER:S3362A REVISED MEMO 05/15/13
TITLE OF BILL: An act to amend the general municipal law, in relation to prohibiting local laws requiring the reporting of certain employee wage information
To prohibit local laws that require an employer to provide employment and wage information related to any employee or contractor to a local agency except as required for investigations or enforcement and to provide data for determining prevailing wages.
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.
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 locally imposed paperwork and filing mandates regarding employee employment and wage information. Specifically, the legislation would pre-empt local laws, such as that enacted in New York City, which required employers in the affordable housing industry to file new disclosures related to their employees. 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. Imposing new disclosure requirements on responsible employers, such as mandating that employers file wage and employment information with local agencies, would be financially burdensome and unnecessary for employers.
The fact is that affordable housing developers value their employees and comply with the many existing requirements related to information posting and employee wage and employment information. Under current
state 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. The New York City law targets a single class of employer those in the affordable housing industry with no ostensible public purpose or related to employee safety. This bill is necessary to insure that other localities do not similarly burden selected classes of employers for redundant or unnecessary reporting which is usually covered by state law. Further, employers who work in different localities throughout the state should not be burdened with multiple sets of local reporting and should be able to rely upon the certainty that single agency reporting at the state level fosters.
This bill would merely clarify that employers would not have to provide such information to any local agency, except as required pursuant to an investigation or enforcement of alleged violations of law or to provide date for determining prevailing wages.
S.7825 - 2011-2012
This bill shall take effect immediately after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3362--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to prohibiting local laws requiring the reporting of certain employee wage informa- tion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 99-x to read as follows: S 99-X. EMPLOYEE AND CONTRACTOR EMPLOYMENT AND WAGE INFORMATION. 1. NOTWITHSTANDING ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRARY, 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 ANY EMPLOYEE OR CONTRACTOR OF SUCH EMPLOYER TO ANY LOCAL AGENCY. 2. FOR PURPOSES OF THIS SECTION, 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 SECTION ONE HUNDRED NINETY-FIVE OF THE LABOR LAW. 3. NOTHING IN THIS SECTION SHALL LIMIT THE PROVISION OF EMPLOYMENT AND WAGE INFORMATION PURSUANT TO: A. AN INVESTIGATION OR ENFORCEMENT OF ALLEGED VIOLATIONS OF THE LABOR LAW; OR B. AN INVESTIGATION OR ENFORCEMENT BY A LAW ENFORCEMENT AGENCY; OR C. ARTICLE EIGHT OF THE LABOR LAW. 4. THE PROVISIONS OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES ENACTED PRIOR TO THE EFFECTIVE DATE OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08401-02-3 S. 3362--A 2
THIS SECTION THAT WOULD REQUIRE AN EMPLOYER TO PROVIDE EMPLOYMENT AND WAGE INFORMATION RELATED TO ANY EMPLOYEE OR CONTRACTOR FOR SUCH EMPLOYER TO ANY LOCAL AGENCY. S 2. This act shall take effect immediately.