As we previously reported, New York State recently adopted a salary transparency law that, effective September 17, 2023, will require employers to disclose the pay range for any job that is advertised, including those for internal promotion or transfer opportunities. Last month, however, Governor Kathy Hochul signed A999/S1326 into law, amending the impending salary transparency law. As detailed below, the amendment modifies the scope of jobs covered by the law, eliminates its recordkeeping requirements, and provides a definition of “advertisements.”
Perhaps the most notable aspect of the amendment is that it clarifies the scope of jobs covered. To that end, the prior iteration of the law applied to jobs that “can or will be performed” within the Empire State. The amendment modifies the scope of the law, however, by specifying that the forthcoming law will instead apply to jobs that either (i) “will physically be performed, at least in part, in” New York State or (ii) “will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York.” The latter item is particularly noteworthy because it means that jobs that otherwise have no relation to New York State, may still be subject to the wage transparency law merely because, for instance, the employee’s supervisor is based in New York.
In addition, the amendment eliminates the recordkeeping requirements of the initial version of the law, which would have required employers to...
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