On March 3, 2023, New York State Governor Kathy Hochul signed a bill which amends New York State's pay transparency law (New York Labor Law Section 194-b). The amended law takes effect on September 17, 2023. Before the amendments, the law required employers with four or more employees, employment agencies, employees, or their agents to disclose the compensation or range of compensation to job applicants and employees for advertised positions, promotions, or transfer opportunities that "can or will be performed, at least in part, in the state of New York." It also required them to include a job description in the posting, if one exists. Our previous Schnader Client Alert on the original law can be found here.

Notably, the amendments to New York Labor Law Section 194-b change the original law as follows:

• The law applies to covered advertisements for a "job, promotion, or transfer opportunity that will physically be performed, at least in part, in the state of New York, but no longer applies to those that "can" be performed in New York. Thus, the amendment removes from the law's scope, advertisements by out-of-state employers who advertise jobs that theoretically could be performed in New York but will not be performed there. This change provides much needed clarification as to how the pay transparency law applies to remote and hybrid workers.
• The law defines a job that "will be performed in the state of New York" as one that includes a job, promotion, or transfer...

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