These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new “pay transparency” laws take effect, and New York State has a new law taking effect in September 2023, following a trail already blazed by jurisdictions like Colorado and New York City. As the regulatory landscape surrounding pay transparency continues to rapidly evolve, HR and compliance personnel have struggled to stay informed. This article offers a brief survey of the current slate of pay transparency laws affecting US employers in the New Year.

Effective September 17, 2023

New York (state)

New York Labor Law §194-b requires all private employers with four or more employees to include salary ranges and a job description for all advertised jobs, promotions and transfer opportunities. For positions that are paid on a commission basis, the advertisement must include a “general statement” along the lines of “compensation shall be based on commission.” The law takes effect on September 17, 2023.

Effective January 1, 2023

California

Before the new pay transparency law took effect, employers in California were required to provide applicants with the pay scale for a position upon reasonable request. Beginning January 1, 2023, employers with 15 or more employees, at least one of whom is located in California, must include the “pay scale,” defined as the “...

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