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

BILL NUMBER:S7825

Title of bill

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

Purpose of the bill

To clarify that employers are not required to provide employee employ- ment and wage information to state or local agencies except as required for investigations or enforcement.

Summary of specific 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 desig- nated 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 require- ments 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.

Budget implications

None.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

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