Earlier this month, the New York City Council passed two bills (Int. No 0982A-2024 & Int.0984A-2024) that would affect New York City employers on their responsibilities to report on pay data.
Bill 0982A mandates annual pay reporting requirements for New York City employers with 200 or more employees working in the City during the reporting year. These requirements are expected to mirror Component 2 of the EEO-1 reports filed in 2017 & 2018. Employers would need to report on employee EEO-1 categories and pay band by race and gender demographic information.
The bill would also require employers to submit a signed statement by an authorized company official confirming the accuracy of the submitted information. Additionally, there would be penalties for employers who fail to file with a $1000 fine for the first offense and a $5000 fine for every subsequent offense. This bill also allows for a list of employers who are not in compliance with this law to be published. However, employers would first receive a violation notice and 30 days to comply with the reporting request.
Bill 0984A would require the New York City agency collecting this data to aggregate the data and run a pay equity study within one year of the first pay data reporting period. The study would be used to identify pay disparities by race/gender, industry trends and occupational segregation. Findings would need to be reported to the Mayor and the Speaker of the City Council within six months of completing the study. In addition, the designated agency would also publish the pay information submitted by employers, provided the data will not reveal any employer or specific employees’ information.
If passed, these requirements will be phased in overtime. Once an agency is selected by the mayor to collect this information, the agency must develop and publish a standardized fillable form that will be used by employers to comply with these requirements. Pay reporting and publication will follow.
As of now, these bills have not been signed into law, but Berkshire will provide updates on progress with these bills moving forward. As with California and Illinois state reporting, we anticipate being able to help our clients navigate these reporting specifications.