Barclay Damon
Barclay Damon

Recent New York State Executive Orders Aimed at Eliminating State Wage Gap

By: Bridget Steele

On January 9, 2017, Governor Andrew Cuomo signed two executive orders aimed at achieving equal pay , citing the need for New York  to “lead by example and ensure equal pay for all New Yorkers.” Governor Cuomo’s press release regarding these executive orders stated that based on recent data, women in New York earn 87 cents for every dollar earned by men.

Executive Order # 161 prevents State entities from asking employment applicants to provide their current or prior compensation history until they are given a conditional offer of employment with compensation. If a State entity possesses prior compensation information, it cannot rely upon such information when determining an applicant’s salary, unless required by law or a collective bargaining agreement.

Executive Order # 162 will require State agencies and authorities to include a provision in all State contracts, agreements and procurements issued on or after June 1, 2017 requiring State contractors and their subcontractors to provide detailed workforce utilization reports, including job titles and salaries of employees performing work on State contracts. If contractors cannot identify employees working on these State contracts, then they must provide such information for all employees in their workforce. This information must be reported to State agencies and authorities on a quarterly basis for all prime contracts exceeding $25,000; prime construction contracts exceeding $100,000 must report on a monthly basis.