On September 17, 2023 New York’s Pay Transparency Law went into effect. This law requires that employers with four (4) or more employees must include a “good faith” salary range in all external job postings, as well as internal postings for transfers and promotions. The law applies to employers posting for jobs physically in New York, as well as remote jobs or jobs located outside of New York that report to a supervisor, office or other work site in New York.

The “good faith” salary range must include the minimum and maximum annual salary or hourly range that the employer believes in good faith to be accurate at the time of the posting. Jobs that are commision-based must clearly state this in the advertisement.

Employers are prohibited from including other forms of compensation or benefits, including health insurance, retirement plans, PTO, vacation time, tips, etc. within the range of pay. Rather, employers may list these items as additional perks of the role.

The job description for the job, transfer or promotion shall also be posted, provided that their is a job description for the role.

Click here to obtain a fact sheet from the Department of Labor regarding the Pay Transparency Law.

The goal of the pay transparency act is to create pay equality.

A complaint for failure to comply with this law can be made to the Department of Labor who has the authority to impose civil penalties. Employers are also prohibited from retaliating (i.e. without limitation, refusing to interview, hire, promote, employ) against an applicant or current employee who has exercised their rights under this new law.

For more information on your rights and options or for assistance navigating your employment relation, contact Sheree Donath, Esq.

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