Gov. Cuomo Signs 2 Executive Orders, which toughens the equal pay laws

New York Governor Andrew Cuomo has issued two executive orders this month with the goal of closing the wage gaps based on race, gender and ethnicity.  Both executive orders were announced during Cuomo’s 2017 State of the State address.  The two executive orders are under the joint title, “the New York Promise,” which is to advance principles of social justice and to affirm New York’s progressive values.  They also build on the Women’s Equality Act, which was signed in 2015.

Executive Order 161: Ensuring Pay Equity by State Employers

This executive order prohibits state agencies from asking a job applicant for current or prior salary before a conditional offer of employment is made with the compensation listed.  After the conditional offer is made, the agency may then request previous salary information

Executive Order 162: Ensuring Pay Equity by State Contractors

All state contractors will now be required to submit job titles/descriptions and salaries for each employee working on a contract.  Additionally state contractors must continue to disclose EEOC information, including sex, race, and ethnicity.  If state contractors are unable to release data on individual workers, they must submit information on the entire workforce.  The new reporting requirements will apply to state contracts issued on or after June 1, 2017.  Information must be reported on a quarterly basis for all contracts over $25,000 and on a monthly basis for contracts over $100,000.