What is New York State’s Pay Transparency Law?

On December 21, 2022, New York Governor Kathy Hochul signed into law a statewide pay transparency law. Like the NYC pay transparency law, this state law requires employers to list salary ranges for all advertised jobs and promotions.

Under the New York State pay transparency law, employers must disclose the compensation or a range of compensation for any job, promotion, or transfer opportunity advertised, along with a job description, if there is one. This means that employers must list a minimum and maximum pay, whether hourly or salary, for any advertised position. An employer must specify if the job is paid solely through commission.

The New York State pay transparency law covers all employers who employ four or more employees when they are hiring for jobs to be performed within New York State, even if only in part. The law also covers employment agencies, regardless of size, but does not apply to firms recruiting temporary workers. The law also prohibits employers from retaliating against employees who exercise their rights under the law.

The New York State pay transparency law will not take effect until September 2023 and instructs the Department of Labor to issue guidance on the new law. Once the law takes effect, affected employees and job candidates may report alleged violations to the New York State Department of Labor.

Please note that NYS has since made amendments to this law on March 3, 2023, which you can read about here.