New York Department of Labor Issues FAQs and Fact Sheet for its Pay Transparency Law
As we discussed in a previous blog post, New York implemented a Pay Transparency law, which went into effect on September 17, 2023. New York’s Pay Transparency law requires employers to, among other things, include the compensation, or compensation range, in any job ad. Employers must also generally include a job description in the ad. The New York Department of Labor recently released Frequently Asked Questions (FAQs) and an Employer Fact Sheet for the Pay Transparency law.
The FAQs and Employer Fact Sheet explain that:
Employers with four or more employees are covered by the law.
The law applies to all jobs, promotions, and transfer opportunities that will be performed at least in part in New York State. This includes remote positions if the position will report to a supervisor, office, or worksite in New York.
All job advertisements must list a good faith minimum and maximum annual salary or hourly rate, regardless of how or where the ads are posted.
A range of pay cannot be open ended (e.g. “$20+ an hour”).
Employers must create a job description for each ad, unless the title of the position coveys the job duties (e.g., a “dishwasher”).
Employers are not required to create a posting for every available job, promotion, or transfer opportunity.
Employers are prohibited from retaliating against employees who discuss their compensation with coworkers.
Employers with offices or positions in New York should review the FAQs and Employer Fact Sheet, as well as their job ads, to confirm compliance with the law. Because the law potentially applies to remote and hybrid workers, employers should consult with knowledgeable counsel to obtain guidance complying with the law.
If you have questions about your business’s hiring or employment practices, please contact us at (201) 345-5412 / (646) 503-5358, or through our online scheduling system, to schedule a complimentary consultation.
Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.