June 3, 2023

Volume XIII, Number 154


June 02, 2023

Subscribe to Latest Legal News and Analysis

June 01, 2023

Subscribe to Latest Legal News and Analysis

New York State Amends Pay Transparency Law

New York Governor Kathy Hochul has signed an amendment to the New York State Pay Transparency Law that modifies the applicability of the law, lessens an employer’s recordkeeping requirements, and clarifies what constitutes an “advertisement.” The September 17, 2023, effective date remains unchanged, as does the requirement to include the job description in an advertisement, if one exists.

Enactment of the New York law followed other states and cities, like California, Washington, and New York City. This kind of legislation generally requires covered employers to include a good-faith minimum and maximum annual salary or hourly range of compensation in any advertisement for a job, promotion, or transfer opportunity, among other requirements.

Scope of Jobs Covered

The original enactment applied its advertisement requirements to any position that “can or will be performed in the state of New York.”

The amendment modifies the obligation to cover advertisements for jobs, promotions, or transfer opportunities that “will physically be performed, at least in part” in New York, as well as jobs “that will physically be performed outside of New York but report[] to a supervisor, office, or other work site in New York.” The second concept is unique and broader in some respects than an employer’s obligations under the New York City Pay Transparency Law in that jobs that may not require any physical presence in New York can still be covered if they report to a supervisor or office in New York.

Recordkeeping Requirements

The amendment eliminates the requirement to maintain records related to the “history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions.” While no longer required, covered employers may want to consider preserving these records to defend compensation decisions, if needed.

“Advertise” Definition

The December 2022 version of the law did not define job “advertisement.” The amendment clarifies this ambiguity and defines “advertise” as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” Consequently, the law will apply to both internal and external job opportunities.

The New York Pay Transparency Law does not preempt other local laws or regulations. Covered employers with operations in other states, or New York City, will need to comply with all applicable state and local laws.

Jackson Lewis P.C. © 2023National Law Review, Volume XIII, Number 79

About this Author

Stacey A. Bastone, Jackson Lewis, EEO-1 classifications lawyer, compensation analyses attorney

Stacey A. Bastone is an Associate in the Long Island, New York, office of Jackson Lewis P.C. She assists companies in the preparation of affirmative action plans for federal contractors including job group analyses, EEO-1 classifications, utilization analyses, compensation analyses and adverse impact analyses.

In addition, Ms. Bastone successfully has defended federal government contractors during audits conducted by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) including...

(631) 247-0404
K. Joy Chin, Jackson Lewis, wage benefits lawyer, affirmative action attorney

Joy Chin is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining the firm in 1995, her practice has been devoted exclusively to employment law and related litigation and the firm’s regulatory practice.

Ms. Chin has litigated matters before local, state and federal administrative agencies and in state and federal courts. Ms. Chin is a frequent speaker on affirmative action and creating lawful diversity programs and spends much of her time counseling employers on issues relating to diversity,...

Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

Michael Jakowsky Attorney Employment Litigation Jackson Lewis

Michael Jakowsky is a Principal in the New York City, New York, office of Jackson Lewis P.C. His practice focuses on employment litigation as well as advising clients on a variety of workplace issues, including wage and hour and reductions in force.

Mr. Jakowsky regularly counsels clients on a wide range of issues across many different practice areas involving federal, state, and local employment laws, including the FMLA, FLSA, WARN, state/local wage hour, and related requirements.

Mr. Jakowsky also assists clients in numerous industries with...