What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Bans the use of employer data information
Assembly Floor Calendar · Sponsor Edward Braunstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the sale and use of employment information
Purpose or general idea of bill
Bans the sale of employment information, including payroll and earnings information, hours worked, consumer history and health insurance information.
Summary of specific provisions
Section 1: Section 380-v of the article is re-lettered section 380-w, and a new section 380-v is added.
Section 2: Section 380-v(a) is added to ban the sale of employment information by consumer reporting agencies without verifying that such sale was disclosed to consumer in a separate stand-alone document, This section also adds what is included in employment information, such as payroll and earning information, hours an employee has worked, consumer history and health insurance information.
Section 380-v(b) requires that disclosure and consumer consent must be given in a separate, stand-alone document, and the consent is limited to the particular use or transaction for which the consent is given.
Section 380-v(c) charges the Attorney General with the enforcement of this law. This section also includes a civil penalty of 2,000 dollars for each violation of this statute to be imposed on the consumer reporting agencies.
Section 380-v(d) allows for a private cause of action to be commenced by any person injured by the violation of this section. Additionally, the individual injured may recover actual damages and one thousand dollars. The court may award the plaintiff an additional award not to exceed $5,000 if the court finds that the defendant willfully violated the provisions of this section. The court may also award reasonable attorneys' fees to a prevailing plaintiff.
Section 3: Contains the effective date.
Justification
The "Work Number" provides employment data reports, and is operated by TALX Corporation, which is owned by the credit reporting agency Equifax. The "Work Number" permits companies to outsource payroll and human resource functions and maintains information on at least 30% of the U.S. working population.
According to an NBC News report, Equifax has been selling employment reports, including detailed health insurance and payroll information, to third parties, such as debt collectors and other financial services corporations. This is an invasion of consumers' and employees' privacy.
Moreover, many employees are unaware of this sale of their detailed payroll information to third parties. This legislation would prohibit consumer reporting agencies from selling employment data reports to third parties.
Prior legislative history
New Senate Bill for 2016 Session
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred and eightieth day
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.