On December 21, 2022, Governor Hochul signed into law Senate Bill S9427A, which amends the New York Labor Law requiring covered employers to list salary ranges in job postings and advertisements. The State law, which is scheduled to go into effect on September 17, 2023, largely tracks the New York City Pay Transparency Law that went into effect on November 1, 2022, but it has some notable differences.

Covered Employers

The law covers employers in New York with at least four employees, without specifying whether all employees, or only those employed in New York, count toward the threshold. Significantly, unlike the New York City law, independent contractors are not counted.

Covered Positions

The law applies to jobs that can or will be performed, at least in part, in New York State. The law likely covers job postings for remote positions performed from New York. However, it does not elaborate on the extent to which it applies to remote positions that could conceivably be performed from New York, even if they are ultimately performed from other states.

Employer Obligations

The law requires employers to disclose “compensation ranges” in advertisements and job postings for such positions, including those for new hires and internal promotions. The compensation range is the lowest and highest annual salary or hourly range of compensation that the employer believes in “good faith” to be accurate at the time of the advertisement or posting. For commission-based positions,...

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