HR Alert

New York: Executive Order Requires Certain State Contractors to Report Employee Data

Data Includes Employees' Job Titles and Salaries

The Governor of New York has issued an Executive Order requiring certain state contractors to report the job title and salary of each employee performing work on a state contract.

Background
New York law (Executive Law, Article 15-A) currently requires certain government contractors to report equal employment opportunity information on the composition of the workforce used in the performance of state contracts for services, commodities, and construction. The data produced by contractors under the law does not specifically include salary information for contracted employees.

New Executive Order
Highlights of the new Executive Order include the following:

  • Workforce Utilization Reports. State agencies and authorities must include a provision in all state contracts, agreements, and procurements issued and executed on or after June 1, 2017 requiring contractors to agree to include detailed workforce utilization reports. Such reports must include (in addition to the equal employment opportunity information currently required to be included in such reports) the job title and salary of each employee of a contractor performing work on a state contract.

Note: If the contractor cannot identify the individuals working directly on a state contract, the reports must include the job title and salary of each employee in the contractor's entire workforce.
Subcontractors. State agencies and authorities must include a provision in all state contracts, agreements, and procurements issued and executed on or after June 1, 2017 imposing the same requirement on subcontractors for their employees.
Value of Contracts. The information must be reported to state agencies and authorities on a quarterly basis for all prime contracts having a value in excess of $25,000. For prime construction contracts having a value in excess of $100,000, the information must be reported on a monthly basis.
Form and Manner of Reporting. The information must be reported in a form and in a manner to be required by the New York State Department of Economic Development. Such form and manner are expected to be reported to all agencies and authorities by June 1, 2017.

Click here to read the text of the order.


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