Pay range disclosure laws are spreading throughout the country, but perhaps nowhere faster than in New York and New Jersey.

On June 3, 2022, the New York State Legislature passed Senate Bill 9427A (the “NYS Bill”), following New York City’s lead earlier this year in enacting a wage disclosure law (as amended, explained here). Similar legislation was also recently enacted in the New York localities of Westchester County and the city of Ithaca, as well as in Jersey City, New Jersey. The new and proposed laws across the local and state levels are similar in many respects, but key differences are described below.

New York State

If signed by Governor Kathy Hochul, the NYS Bill would impose a twofold requirement on employers, including employment agencies, employees acting on behalf of their employer, or agents of employers, for postings with respect to jobs, promotions, or transfer opportunities (collectively, “employment opportunities”) that can or will be performed, at least in part, in New York State. The NYS Bill defines “employer” as an entity employing four or more employees. The NYS Bill purports to apply to remote employment opportunities so long as the job can or will be performed at least in part in New York State. We understand that the sponsors of the NYS Bill worked closely to match the legislative language to the New York City wage disclosure law that will become effective on November 1, 2022.

First, New York State employers would be required to disclose the...

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