New York Governor Kathy Hochul recently signed legislation amending the state’s recently enacted salary transparency law (the Salary Transparency Law) requiring the disclosure of compensation ranges in job advertisements. As amended, the Salary Transparency Law encompasses remote work, clarifies the definition of a covered “advertisement,” and removes what would have been an onerous recordkeeping requirement.
Initially enacted on December 21, 2022, the Salary Transparency Law created a statewide salary transparency requirement effective September 17, 2023. The Salary Transparency Law applies to all employers of four or more employees in New York when advertising a job, promotion, or transfer opportunity. Employment advertisements must disclose the “compensation or range of compensation” for a position, with a potential civil penalty for violations of up to $1,000 for a first violation, $2,000 for a second violation, and $3,000 for a third or subsequent violation.
As originally enacted, the Salary Transparency Law largely tracked the preexisting New York City salary transparency law except that it (1) instituted a requirement for employers to keep detailed records of salary ranges for six years and (2) required employers to include a job description when advertising a job, promotion, or transfer opportunity.
The legislation signed by Governor Hochul on March 3, 2023 (the Amendments) amends the Salary Transparency Law in four...
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