Effective September 17, 2023, employers will be subject to the New York State Pay Transparency law, pursuant to which employers who advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job description for such job, promotion, or transfer opportunity, if such description exists.  In addition to the disclosure requirements, the law contains an explicit non-retaliation provision, and new record keeping requirements. 

Recently, the New York State Legislature proposed amendments to the Pay Transparency Law. The most notable revision would provide that the law applies to remote positions physically performed outside of New York that report to a New York supervisor, office, or work site. 

Further, the amendments would eliminate language that would have required employers to maintain necessary records to reflect compliance with the law, including, but not limited to, “the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if such descriptions exist.”

In addition, the proposed changes would expand upon the meaning of the term “advertise” by defining it as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.”

The amendments are currently before Governor Hochul, and if signed, would become part of the law taking effect on September 17, 2023.  We will continue to monitor and report on further developments regarding the pay transparency law and the proposed revisions. 

Please join Ali Law Group for its upcoming webinar, Pay Transparency Laws and the Impact on Employers on Wednesday, March 8, 2023.  We will provide further details on the new law, the proposed amendments, and their effect on employers.

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