Int. No. 982
Council Members Cabán, Farías, Brooks-Powers, Restler, Hanif, Ossé, Hudson, Krishnan, Avilés and Sanchez
A Local Law to amend the administrative code of the city of New York, in relation to compliance with equal pay laws
Be it enacted by the Council as follows:
Section 1. Chapter 12 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 8 to read as follows:
SUBCHAPTER 8
COMPLIANCE WITH EQUAL PAY LAWS
§ 20-1281 Definitions. As used in this section, the following terms have the following meanings:
Covered employee. The term “covered employee” means any person covered by the definition of “employee” set forth in subdivision 5 of section 651 of the labor law or by the definition of “employee” set forth in subsection (e) of section 203 of title 29 of the United States code and who is employed within the city and who performs work on a full-time or part-time basis, but not including work performed in a transitional jobs program pursuant to section 336-f of the social services law, or work performed as a participant in a work experience program pursuant to section 336-c of the social services law.
Covered employer. The term “covered employer” means any person or entity covered by the definition of “employer” set forth in subdivision 6 of section 651 of the labor law or any person or entity covered by the definition of “employer” set forth in subsection (d) of section 203 of title 29 of the United States code. This term does not include a temporary help firm as such term is defined by subdivision 5 of section 916 of the labor law.
§ 20-1282 Report. No later than February 1, 2025, and annually thereafter, each covered employer that employs more than 25 covered employees shall submit to the department a report on its covered employees. Such report shall not include any names of employees, or any other personally identifiable information, and shall include, but not be limited to, the following information for each covered employee:
1. Total salary or wages earned for the previous calendar year;
2. The borough in which such covered employee works;
3. The month and year such covered employee was hired;
4. Job title;
5. Gender, race and ethnicity;
6. Birth year;
7. Whether such covered employee is a member of a labor union;
8. Whether such covered employee works more than 35 hours per week, works less than 35 hours per week, or works on a temporary or seasonal basis not based on the numbers of hours worked per week;
9. Whether such covered employee is a manager; and
10. Any additional information required by the department to be reported.
§ 20-1283 Digital affirmation. a. No later than November 1, 2024, the commissioner, in collaboration with the commission on gender equity and the New York city commission on human rights, shall develop a method for a covered employer to submit a digital affirmation in which such employer self-certifies that it (i) understands federal, state and local equal pay laws as they apply to such employer, and (ii) complies with such federal, state and local equal pay laws.
b. No later than February 1, 2025, and every three years thereafter, each covered employer shall submit to the department the digital affirmation created pursuant to subdivision a of this section.
c. Each covered employer shall maintain records of every digital affirmation submitted to the department pursuant to subdivision b of this section, and upon request shall furnish such affirmations to the department.
d. The department shall keep and maintain digital affirmations received by each covered employer for at least 15 years.
§ 20-1284 Publication. No later than May 1, 2025, and every three years thereafter, the department shall publish on its website a list of the covered employers that submitted a digital affirmation pursuant to section 20-1283 certifying compliance with federal, state and local equal pay laws.
§ 2. This local law takes effect 30 days after it becomes law.
JEF
LS #6502/16008
7/15/2024 10:46 AM