Just days before New York State's pay transparency law went into effect, the state labor department unveiled new proposed regulations that seek to clarify employers' obligations under the new law.

Quick Hits

• The New York State labor department published proposed regulations clarifying the new pay transparency law requiring employers to disclose pay ranges in job postings.
• The sixty-day comment period expires on November 12, 2023.

On September 13, 2023, the New York State Department of Labor published proposed regulations in the New York State Register regarding the applicability of the pay range disclosure obligations on job, promotion, or transfer opportunities outside the state, requirements on the pay ranges that must be disclosed, and other provisions of the new pay transparency law.

Meanwhile, the pay transparency law, which Governor Kathy Hochul signed in December 2022 and which was subsequently amended in March 2023, went into effect on September 17, 2023. Specifically, the law will require employers in New York with four or more employees to disclose pay or compensation ranges in advertisements for job, promotion, or transfer opportunities.

Applicability to Employees Outside of the State

The pay disclosure obligations in the law apply to advertisements for job, promotion, or transfer opportunities that "will physically be performed" in the state (emphasis added) or "that will physically be performed outside the state of New York" but "report[] to a supervisor,...

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