Int. No. 984
By Council Members Farías, Cabán, Brooks-Powers, Williams, Menin, Restler, Ung, Hanif, Brannan, Ossé, Hudson, Krishnan, Brewer, Avilés, Sanchez, Banks, Schulman and Won
A Local Law to amend the administrative code of the city of New York, in relation to a study on pay and employment equity for private employees
Be it enacted by the Council as follows:
Section 1. Subchapter 7 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-172 to read as follows:
§ 3-172 Pay and employment equity study on covered employers. a. Definitions. For purposes of 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. Notwithstanding any other provision of this section, the term “covered employee” does not include any person who is employed by: (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society, or other body of such state, including the legislature and the judiciary; or (iii) the city, or any local government, municipality, or county, or any entity governed by section 92 of the general municipal law or section 207 of the county 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. Notwithstanding any other provision of this section, the term “covered employer” does not include a temporary help firm as such term is defined by subdivision 5 of section 916 of the labor law and does not include: (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society, or other body of such state, including the legislature and the judiciary; or (iii) the city, or any local government, municipality, or county, or any entity governed by section 92 of the general municipal law or section 207 of the county law.
b. Study. No later than 1 year after the effective date of the local law that added this section, and annually thereafter, the director, in coordination with the commissioner of consumer and worker protection and chairperson of the New York city commission on human rights, shall conduct a pay and employment equity study on covered employers that employ 150 or more covered employees. Such study shall focus on the identification of disparities among covered employees of such employers based on gender, race, or other protected classes in employment under the city’s human rights law in the following areas:
1. Pay and employee benefits;
2. Employment rates; and
3. Retention rates.
c. Report. 1. No later than 1 year after the effective date of the local law that added this section, and annually thereafter, the director, in coordination with the commissioner of consumer and worker protection and the chairperson of the New York city commission on human rights, shall submit to the mayor and speaker of the council and post on the open source analytics library a report on the findings of the study required by subdivision b of this section. Such report shall include, at a minimum:
(a) An analysis of the data collected pursuant to such study, including but not limited to a statement of any disparities identified through such study;
(b) A description of every statistical methodology used to analyze such data; and
(c) Recommendations on the development and implementation of pay, employment, and retention equity action plans for addressing and decreasing any disparities identified through such study.
2. The commissioner of consumer and worker protection and the chairperson of the New York city commission on human rights shall, on an annual basis, publicize to covered employers that employ 150 or more covered employees the recommendations required to be included in such report under subparagraph (c) of paragraph 1 of this subdivision.
§ 2. This local law takes effect immediately.
JEF
LS #16008
6/24/2024 4:10 PM