On December 21, 2022, Governor Hochul signed legislation establishing a statewide pay transparency law in New York, which will take effect on September 17, 2023 and require employers to list salary or hourly pay ranges for all advertised jobs and promotions. The legislation is codified as part of New York's Labor Law in Section 194-b. This follows New York City's implementation of a pay transparency law on November 1, 2022. For more information relating to New York City's pay transparency law, please see Kane Kessler's legal alert on the subject at https://www.kanekessler.com/firm-publications/new-york-city-to-require-salary-ranges-in-job-postings/.

Pursuant to the statewide law, any employer with four (4) or more employees, as well as employment agencies (excluding temporary help firms), must include in any advertisement for a job, promotion, or transfer opportunity the minimum and maximum annual salary or hourly range of compensation that the employer believes in good faith to be accurate at the time of posting. Additionally, employers must provide the job description for each such job, promotion, or transfer opportunity, if such description exists. The law also prohibits employers from retaliating against applicants or employees for exercising their rights under this section. Finally, the law requires employers to keep and maintain records, including, but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity, and the job...

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