Last month, New York Governor Andrew Cuomo issued a new Executive Order (E.O. 162) that will require covered state contractors and subcontractors to include employee “salary” and job title in the periodic reports they must submit to the state as part of their obligations for doing business with the state.  The E.O. does not define “salary,” so it is unclear whether state contractors will be required to report base compensation rates, actual W-2 earnings (consistent with the new EEO-1 Report), or something else.

Subject to issuance of a new “workforce utilization” report and filing instructions to be issued by the New York State Department of Economic Development (NYSDED), the expanded reporting requirements will apply to covered state contracts entered into on or after June 1, 2017.

Under Governor Cuomo’s E.O., while contractors are required to report only on the employees performing directly on a given contract, if a contractor or subcontractor is unable to identify the portion of its workforce performing on the contract, then it must submit the required information on its entire workforce.  Alarmingly, this information may be publically available through New York’s Freedom of Information Law (FOIL).

The text of E.O. 162 is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.