What's happening
This bill requires all public sector and employment agencies in New York to include salary ranges in job advertisements.
Why it matters
Promotes salary transparency. , making it easier for job seekers to assess and compare opportunities, potentially reducing wage gaps and discriminatory pay practices in public employment.
Empowers workers and applicants. by arming them with information that can support fairer negotiations and reduce the likelihood of being offered below-market compensation.
Standardizes job advertising practices. across public employers and employment agencies, increasing consistency and clarity in job postings and making the hiring process more straightforward for both employers and employees.
Recognizes the role of unions. , allowing collectively bargained agreements to take precedence over the new requirements, which maintains respect for existing labor contracts while still pushing for greater transparency elsewhere.
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Who cares
Headline styles
Require Salary in Job Ads
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4556
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, the executive law, the general business law and the labor law, in relation to advertising employment opportunities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 6-a and 7 of section 6 of the civil service law, subdivision 6-a as added by chapter 139 of the laws of 1992, subdivision 7 as added by chapter 790 of the laws of 1958 and as renumbered by chapter 45 of the laws of 1961, are amended to read as follows:
6-a. Submit a report on or before January thirty-first of each year, to the governor and the legislature, and to the public by inclusion on the department's website, which shall include, but not be limited to, information detailing the total number of appeals received from determinations made based upon written and oral examinations, performance tests and ratings of training and experience, during the preceding twelve months, and the final disposition or dispositions of each appeal[.];
7. Prescribe rules for the advertisement of employment opportunities to effectuate the intent of section one hundred fifty-nine-c of this chapter; and
8. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings at such places within the state as the needs of the public service may require. A majority of the members of the commission shall constitute a quorum.
§ 2. The civil service law is amended by adding a new section 159-c to read as follows:
§ 159-c. Advertising employment opportunities. Notwithstanding any provision of law to the contrary, every employment opportunity advertised by the state, a public authority, or a municipal employer shall include the salary range and starting salary for the position; provided,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09011-02-9
S. 4556 2
however that if the terms and conditions of a collectively bargained agreement is in conflict with this section, the collectively bargained agreement shall supersede this section.
§ 3. The executive law is amended by adding a new section 655 to read as follows:
§ 655. Posting of employment opportunities. Every employment opportunity submitted for inclusion in the state jobs employment database that is made available to the public and maintained in whole or in part by the office of employee relations shall include the starting salary and salary range for the position.
§ 4. Subdivision 1 of section 350-a of the general business law, as amended by chapter 615 of the laws of 1988, is amended to read as follows:
1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity or employment to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. For purposes of this article, with respect to the advertising of an employment opportunity, it shall be deemed "misleading in a material respect" to [either] fail to reveal (a) whether the employment available or being offered requires or is conditioned upon the purchasing or leasing of supplies, material, equipment or other property [or], (b) whether such employment is on a commission rather than a fixed salary basis and, if so, whether the salaries advertised are only obtainable if sufficient commissions are earned, or (c) the starting salary and salary range for the position.
§ 5. The labor law is amended by adding a new section 219-d to read as follows:
§ 219-d. Advertising employment opportunities. Notwithstanding any provision of law to the contrary, every employment opportunity advertised by the state, a public authority, or a municipal employer shall include the salary range and starting salary for the position; provided, however that if the terms and conditions of a collectively bargained agreement is in conflict with this section, the collectively bargained agreement shall supersede this section.
§ 6. The labor law is amended by adding a new section 920 to read as follows:
§ 920. Advertising employment opportunities. A professional employer organization and a temporary help firm that advertise employment opportunities shall include the starting salary and salary range for each advertised position.
§ 7. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, the executive law, the general business law and the labor law, in relation to adver- tising employment opportunities
Purpose or general idea of bill
This legislation will provide people seeking employment with information regarding the position's starting salary and salary range to close the wage gap for women and communities of color.
Summary of provisions
Section one of this bill amends subdivision 6-a, renumbers current subdivision 7 to subdivision 8 and adds a new subdivision 7 to Civil Service Law section 6. This amendment provides that the Department of Civil Service must publish on its website the Department's annual report regarding examinations. Additionally, new subdivision 7 provides that the Department must prescribe rules to effectuate the purpose of new section 159-c.
Section two of this bill adds a new section 159-c to the Civil Service Law. This new section provides that every employment opportunity adver- tised by the State, municipality and public authority must include the salary or salary range.
Section three of this bill adds a new section 655 to the Executive Law. This new section provides that every employment opportunity submitted for inclusion in the StateJobsNY database must include starting salary and salary range.
Section four of this bill amends General Business Law section 350-a(1) to add to the list of items for which an employment opportunity will be deemed to be "misleading in a material respect" to add the failure to include the starting salary and salary range.
Section five of this bill adds a new section 219-d to the Labor law. This new section provides that every employment opportunity advertised by the State, a Public Authority or a municipal employer shall include the starting salary and salary range for the employment opportunity.
Section six of this bill adds a new section 920 to the Labor Law. This new section provides that entities who are in the business of either finding temporary positions for an individual or arranging for an indi- vidual to be employed by another entity either as a subcontractor or independent contractor must include starting salary and salary range for each advertised employment opportunity.,
Section seven of this bill provides that this act shall take effect on the thirtieth day after it shall have become a law.
Justification
Even with websites such as Glassdoor, CareerBliss, and Indeed, the wage gap for women and communities of color still exists. This legislation will require employers to post the starting salary and salary range for every employment opportunity advertised in New York. By providing this information up front, applicants for an advertised position will be able to cite the employment opportunity posting when discussing salary. This small change will empower job applicants because employers will not be able to dismiss information found on Glassdoor, CareerBliss or Indeed as a misrepresentation of reality.
Prior legislative history
New bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the thirtieth day 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.