New York State Amends the State’s Pay Transparency Law

On March 3, 2023, New York Governor Kathy Hochul signed amendments to the New York Pay and Transparency Law. The New York Pay and Transparency Law, which was originally signed into law in December 2022, requires employers to list salary ranges for all advertised jobs and promotions. The recent amendments make significant changes to both the employers covered by the law and requirements for compliance.

One key change is the law’s coverage of positions that will be performed in New York (instead of those that can be performed in New York). The law now regulates employer advertising for two categories of jobs. The first are jobs which are, at least in part, physically performed in New York. The second are jobs which report to a supervisor, office, or other worksite located in New York regardless of where the work occurs. These changes likely mean that out of state employers advertising for fully remote work are no longer subject to New York’s pay transparency law.

The amendments have also minimized record keeping requirements under the law. Employers are no longer required to maintain records of the job descriptions, promotion and transfer opportunities, and past compensation ranges for each position.

The amendments also offer greater clarity as to the definition of advertisement under the statute. Advertisements now include electronic and physical communications made to potential applicants both publicly and within the company.