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

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

Purpose

This bill would prohibit local laws requiring the reporting of certain wage information.

Summary of provisions

Section 1 - Amends the general municipal law by adding a new section 99-x.

Section 2 - Effective date

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 mandating that employer file wage and employment information with State or local agencies would be illogical and irresponsible.

The fact is that the majority of employers value their employees and comply with the many existing requirements related to information posting of and providing notice of employee wage and employment information. Under current state law, employers are not required to submit employment and wage information compiled in accordance with Article 6 of the Labor Law with the Department of Labor or any other state or local agency. This bill merely clarifies that employers do 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; S.3362/A.7801 - 2013-2014

Fiscal implications

None

Effective date

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