Pay transparency laws are catching fire in legislative bodies around the country. As we have previously reported, these laws, which target pay equity, have gone into effect in a number of jurisdictions, such as Colorado and New York City in recent years.

New York State is one of the latest to pass such a bill (on June 2, 2022) that requires private employers in the state to publish salary or wage ranges in all job postings. The bill, which has been passed by the state legislature and awaits the signature of Governor Kathy Hochul, will become effective 270 days after it is signed.

With the bill effectively applying to very small businesses (i.e., employers with four or more employees), companies have reportedly asked Governor Hochul not to sign the bill into law without first limiting its application to larger businesses.

In the meantime, here is what employers need to know about the law:

• It applies to employers with four or more employees, which means only the smallest of employers do not have to comply (as well as temporary staffing firms, which are also excluded).
• It applies to any advertising for any “job, promotion, or transfer opportunity” that “can or will be performed, at least in part, in the State of New York.”
• Postings must contain:
  • Either the actual compensation, or a range of compensation, for the opportunity;
  • A job description (if a description exists); and
  • A general description of other types of compensation offered, e.g., fringe benefits, bonuses, stock...

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