As we previously advised, on June 3, 2022, the New York State Legislature passed Senate Bill 9427A/A.10477 – the Pay Transparency Law. Since our earlier post, the bill was signed into law by Governor Hochul and is set to go into effect on September 17, 2023.
This statewide mandate requires employers with at least four (4) employees to disclose the compensation or range of compensation in any advertisement for a job, promotion, or transfer opportunity. In addition to salary disclosure, employers must also disclose the job description for the position, if one exists. Unlike the proposed bill, the statute signed by the Governor removed the previous version’s requirement for employers to keep records of the history of compensation ranges and job descriptions.
The law applies to postings for jobs that will be physically performed in New York. However, if the role reports to a supervisor, office, or other worksite in New York, the job posting will also require a pay range. Put differently, if a position will be fully performed outside of New York – even in a non-remote location – but will report to an office or manager within the state, the job posting will need to include the pay range.
Given that the effective date of this law is quickly approaching, employers will want to revisit and, if needed, revise both internal and external job postings.
If you have any questions regarding this article, please contact the Underberg & Kessler attorney who regularly handles your legal matters, or Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.