New York’s New Salary Transparency Law Effective September 17th, 2023

September 15, 2023

New York’s New Salary Transparency Law Effective September 17th, 2023

Last year, Governor Kathy Hochul signed legislation enacting new pay transparency guidelines for New York State employers. Effective September 17, 2023, New York businesses with over four employees will have pay transparency obligations related to job advertisements, promotions, and transfer opportunities. The new law requires that the range of compensation must be included in job postings. Range in compensation includes the minimum and maximum annual salary, (e.g., $58K-$62K/year) or hourly rate (e.g., $18-$25/hour), the employer feels is in “good faith”. All advertisements are covered, regardless of whether they are posted by the employer or through a recruiter or a job listing website. Additionally, employers will be required to disclose a job description if one exists. Employers will also be required to maintain records to support compliance with the statute. Penalties for noncompliance are fines of $1,000 for the first violation, $2,000 for the second violation, and $3,000 for the third and subsequent violations. NFIB strongly opposed this legislation and will be submitting comments regarding the administrative burden this will have on small businesses, especially in the case of job advertisements outside of New York. For more information, please refer to the documents below. New York State Dept. of Labor Proposed Regulations on Pay Transparency in Job Advertisements https://dos.ny.gov/system/files/documents/2023/09/091323.pdf New York pay transparency law goes into effect Sept. 17 (Times Union 9/15/2023) https://www.timesunion.com/business/article/human-resources-consultants-prepare-new-pay-18363891.php

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New York

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