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S3297Senate2017-2018 Session

Block Local Wage Info Laws

Official title

“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”

Sponsor John A. DeFranciscoSD-50Affects Local Government
Status
In Senate Committee
Local Government
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill prohibits local governments in New York from requiring employers to report employee or contractor wage information to local agencies, with certain exceptions.

Why it matters

  1. Centralizes wage and employment information requirements at the state level. , preventing local governments from creating their own, potentially more burdensome or varying, reporting mandates for businesses.

  2. Reduces administrative complexity for employers. by ensuring they only need to comply with state-level (or federal) reporting rules, rather than navigating different local requirements across New York municipalities.

  3. Preserves local and law enforcement powers in certain scenarios. , such as labor law investigations or enforcement actions, meaning that wage and employment information can still be requested under those specific state-authorized circumstances.

  4. Nullifies any existing local laws. that previously required employers to submit wage or employment data to local agencies, potentially impacting local efforts to monitor wage theft, pay equity, or public contracting compliance at the municipal level.

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Who cares

Headline styles

Block Local Wage Info Laws

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

No co-sponsors yet.

History

  1. Referred to local government
  2. Returned to senate
  3. Died in assembly
  4. Referred to local governments
  5. Delivered to assembly
  6. Passed senateVote 33–30
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.1106
  10. Referred to local government

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3297

2017-2018 Regular Sessions

IN SENATE

January 20, 2017

Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to prohibiting local laws requiring the reporting of certain employee wage information

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general municipal law is amended by adding a new section 99-x to read as follows:

§ 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 of this section that would require an employer to provide employment and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01967-01-7

S. 3297 2

wage information related to any employee or contractor for such employer to any local agency.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 employer 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; S.284/A.2477 - 2015-2016

Fiscal implications

None.

Effective date

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.