Seyfarth Synopsis: On December 21, 2022, New York State Governor Kathy Hochul signed legislation that will require employers to disclose salary ranges in advertisements for jobs, promotions, or transfer opportunities. The law will become effective September 17, 2023.
New York State has become the latest jurisdiction to join the growing list of jurisdictions requiring pay transparency in job postings. Under the new law, employers that advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job description for such job, promotion, or transfer opportunity, if such description exists. "Range of compensation" is defined as the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting of an advertisement for such opportunity. However, for roles paid solely on commission, the law specifies that an employer will be in compliance if it discloses in writing a general statement that compensation shall be based on commission.
In addition to the disclosure requirements, the law contains an explicit non-retaliation provision, and new record keeping requirements. Specifically, employers must keep and maintain records including, but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and...
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