New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL) on March 3, 2023. The law, which Governor Hochul first signed on December 21, 2022, requires employers to list compensation ranges for certain job, promotion, or transfer opportunities. The amendment clarifies some aspects of the original law, which is scheduled to go into effect on September 17, 2023. With the passage of this law, New York state joins a list of other jurisdictions, including New York City, that have recently enacted pay transparency laws.
To Whom Does the Law Apply?
The NYSPTL applies to all employers in the state of New York with four or more employees. Notably, the NYSPTL does not count independent contractors toward that threshold (unlike the New York City law). However, the statute is unclear on whether the threshold counts an organization’s total number of employees or only those employed in New York. Employers should look to impending regulations and guidance from the New York State Department of Labor (NYSDOL) to determine whether the law pertains to them.
Originally, the law required that compensation ranges be included in advertisements for all positions that can be performed in the state of New York. This was understood to mean the law would include listings for remote positions that could be performed wherever the employee resides, because the positions could potentially be filled by applicants who live and work remotely in New York. The...
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