On Jan. 9, 2017, New York Governor Andrew M. Cuomo signed Executive Order 162, which requires state contracts and procurements entered into or issued as of June 1, 2017, to include new reporting obligations for contractors, subcontractors, and bidders. Employers seeking to contract with the State will be required to disclose, on at least a quarterly basis, job title and salary information for each employee performing work on a state contract. Employers unable to identify the specific individuals working on a state contract are required to disclose job title and salary information for their entire workforce.

The State already required the reporting of general workforce utilization data pertaining to state contracts through the Minority and Women-Owned Business Enterprise Program. The Executive Order states, however, that such data, which is disaggregated by race and gender, is inadequate to address the Governor’s concerns related to discriminatory wage practices. While the Order does not explicitly require the new data to be disaggregated by race and gender, it is clear that the State would need such information to achieve the Executive Order’s intended purpose of allowing the State to analyze whether wage disparities exist.

Continue Reading.