UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.

Coming on the heels of Governor Hochul signing into law New York State's pay transparency law on December 21, 2022—which we reported on here—the New York State Legislature recently approved chapter amendments to the law, which is still slated to take effect on September 17, 2023. Governor Hochul recently signed these changes into law.

Arguably, the amendments' most notable revision requires New York employers to disclose the compensation range and job descriptions for advertisements of a job, promotion, or job opportunity that "will physically be performed outside of New York but reports to a supervisor, office, or other site in New York." Such disclosures are now required in addition to those positions that will be physically performed in New York (which are already covered by the law). In practice, this could extend the law's disclosure requirement to advertisements for any remote position performed outside of New York that "reports" to an individual or office located in New York. The amendments do not provide any clarity on the contours of what constitutes "report[ing] to" in this context. Notably, New York City's law (which we reported on here and here), excludes such positions from its transparency requirements.

The newly enacted amendments also expand the definition of "advertising" to include positions that...

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