With the September 17, 2023, effective date for New York's new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve certain information retention requirements for employers.
On March 3, 2023, New York Governor Kathy Hochul signed Senate Bill S1326, amending the new pay transparency law that will require employers to disclose minimum and maximum annual salaries or hourly wages in advertisements for jobs, internal promotions, or transfer opportunities. The amendments come just months after Governor Hochul signed the pay disclosure law in December 2022, six months after it was passed by the state legislature. The new amendments are set to take effect on September 17.
As originally passed, the pay disclosure law required covered employers to include pay ranges in postings for any jobs, promotions, or transfer opportunities "that can or will be performed, at least in part, in the state of New York." The March 2023 amendments modify the language to state that jobs "will physically be performed" in the state. This seemingly focuses the requirements on job postings that will specifically be performed in New York.
Yet, the new amendments also expand the pay disclosure requirements to cover postings for remote workers outside the state who will report to an office or supervisor in New York. The amended pay disclosure requirements will now apply to jobs,...
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