Pay transparency laws that require disclosure of anticipated compensation for open positions (and sometimes for current positions) are increasingly being passed by states and local jurisdictions. New York City’s law goes into effect on Nov. 1, and a New York State pay transparency bill is sitting on Gov. Kathy Hochul’s desk awaiting her signature. These laws will significantly impact both employers’ recruiting strategies and employee retention.
New York City’s salary transparency law goes into effect on Nov. 1. As we previously described, the law requires covered employers who post a job, promotion or transfer opportunity for a position that can or will be performed in New York City to include a salary range for the position. The minimum and maximum hourly wages or salaries for an advertised position should represent the range that the employer in good faith believes at the time it will pay for such position. If the compensation is fixed, the posting is permitted to indicate, for example, “$20 per hour” or “$50,000 annually,” rather than a range. Under the New York City law, the salary that employers must disclose need not include “other forms of compensation or benefits offered in connection with the advertised job,” such as health insurance, severance pay, overtime pay, commissions, tips, and bonuses.
The law applies to all employers who have four or more employees (including, for this purpose, full- or...
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