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New York State Adopts Amendments to Pay Transparency Law

UPDATE: Governor Hochul has signed the below amendments into law – the amended New York State pay transparency rules will become effective September 17, 2023.

Coming on the heels of Governor Hochul signing into law New York State’s pay transparency law on December 21, 2022—which we reported on here—the New York State Legislature recently approved chapter amendments to the law, which is still slated to take effect on September 17, 2023.  Governor Hochul recently signed these changes into law.

Arguably, the amendments’ most notable revision requires New York employers to disclose the compensation range and job descriptions for advertisements of a job, promotion, or job opportunity that “will physically be performed outside of New York but reports to a supervisor, office, or other site in New York.”  Such disclosures are now required in addition to those positions that will be physically performed in New York (which are already covered by the law).  In practice, this could extend the law’s disclosure requirement to advertisements for any remote position performed outside of New York that “reports” to an individual or office located in New York.  The amendments do not provide any clarity on the contours of what constitutes “report[ing] to” in this context.  Notably, New York City’s law (which we reported on here and here), excludes such positions from its transparency requirements.

The newly enacted amendments also expand the definition of “advertising” to include positions that are made “available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.”  While a relatively minor addition, this amendment ensures that “advertise” includes both internal and external, electronic and paper, advertisements for covered opportunities.

Finally, the newly enacted amendments remove the law’s record-keeping requirements, which previously required employers to keep and maintain records to comply with the law, including but not limited to: (i) the history of compensation ranges for each job, promotion, or transfer opportunity; and (ii) the job descriptions for such positions (to the extent they exist).  The amendments eliminate this requirement, which, as we previously reported, was somewhat vague with respect to what constituted “necessary records.” 

With Governor Hochul’s recent signature of these amendments, the revised law has the potential to significantly expand the breadth and reach of the disclosure requirements (although it does eliminate the record-keeping requirements).  New York City employers must now grapple with compliance across two regimes – one from the City and one from the State – that are beginning to look more discordant.  And, to make matters even murkier, further changes may be afoot in New York City as well – a recent initiative was introduced in New York City Council that could amend the City’s pay transparency law to require the disclosure of non-salary wage information such as bonuses, benefits, stocks, bonds, options and equity or ownership interests.  Although the initiative is in its infancy, if passed, New York City’s pay transparency regime could begin to look more similar to those in Colorado and Washington which require significantly more information to be disclosed in job advertisements.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XIII, Number 80

About this Author


Evan litigates a wide array of employment disputes before state and federal courts as well as administrative agencies. Evan has experience handling matters at all phases of the litigation process and also assists clients in resolving their disputes through mediation and settlement.

Evan’s practice also includes advising clients on a range of issues, including compliance with federal, state, and local employment laws as well as drafting and negotiating employment agreements.

Prior to joining Mintz, Evan was an associate...

Corbin Carter Employment Attorney Mintz Law Firm

Corbin counsels clients and litigates all types of employment disputes before federal and state courts. He has experience handling all stages of the litigation process and resolving disputes through mediations and settlements. His practice also encompasses negotiating and drafting employment and separation agreements; advising clients on compliance with federal, state, and local employment laws; and conducting internal investigations.

Prior to joining Mintz, Corbin was an assistant corporation counsel within the Labor and Employment Law Division of the New York City Law Department....

Michael S. Arnold, Mintz Levin Law Firm, Labor Law Attorney
Member / Chair, Employment, Labor & Benefits Practice

Michael Arnold is Chair of the firm's Employment, Labor & Benefits Practice.  He is an employment lawyer who deftly handles a wide array of matters. His capabilities include counseling on everyday HR life cycle issues, defending management and senior executives in connection with employment-related proceedings, and assisting companies navigate the complex employment issues that arise in transactions.  Michael’s clients appreciate his strong emphasis on providing not just legal advice, but also practical advice, that aligns with organizational and HR strategies while...