New York City, NY, Tightens Data Reporting Requirements

What happened?

On July 18, 2024, Councilmember Tiffany Cabán introduced Bill 0982-2024, which would amend the New York City Administrative Code, concerning compliance with equal pay laws

What are the details?

Key Bites for Employers:

• The bill adds verbiage about who is a covered employer and employee.

• Covered employers are required to submit detailed pay and demographic data to the NYC Department of Consumer and Worker Protection (DCWP) annually.
  • The first report is due on February 1, 2025.
  • Subsequent reports are required annually thereafter.

• The data to be reported includes, minimally:
  • Total salary or wages earned for the previous calendar year.
  • The borough in which the employee works.
  • The month and year the employee was hired.
  • Job title.
  • Gender, race, and ethnicity.
  • Birth year.
  • Whether the employee is a member of a labor union.
  • Whether the employee works more than 35 hours per week, less than 35 hours per week, or on a temporary or seasonal basis not based on the number of hours worked per week.
  • Whether the employee is a manager; and
  • Any additional information required by the DCWP to be reported.

• In addition to the annual reports, employers are also required to submit a digital affirmation to DCWP every 3 years, self-certifying that they understand and comply with federal, state, and local pay equity laws.

• By November 1, 2024, the commissioner will develop a method for a covered employer to submit a digital affirmation in which such employer self-certifies that it understands federal, state, and local equal pay laws as they apply to such employer, and complies with such federal, state, and local laws.

Business Considerations

• Employers should be aware that while the bill is in its initial stages, some form of pay data reporting may soon be a requirement for many employers with a New York City employee’s presence. It is quite possible that their 2024 compensation data may be evaluated by the DCWP.
• Employers should ensure compliance with state and local pay equity laws and review their internal pay practices to ensure they are compliant.
• Employers in NYC that could be affected by the proposed legislation should continue to monitor the situation to see if they should prepare to comply.

Source References

• NYC Bill 0982-2024

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