As we reported a few weeks ago, New York State has adopted a new law requiring employers to include salary ranges in all advertisements for employment. Under the rules, employers with 4 or more employees are required to provide a range of pay for all advertised jobs, promotions,
or transfer opportunities that will be physically performed, at least in part, in New York State. This also applies to opportunities performed outside the state that report to a supervisor or office in New York State. Remote or telecommuting opportunities also fall under the new legislation.
The law applies to all advertisements including but not limited to a newspaper ad, a printed flyer that is either distributed or displayed, a social media post, an e-mail sent to a pool of more than one applicant, an e-mail sent through an electronic mailing list, or an advertisement published through any other medium. This includes listings through a third party on the employer’s behalf, for example, postings through a job recruiter or job-listing website. Any job postings on the New York State Broadcaster’s Associations job webpage must also include a salary range.
The pay range posted must be the minimum and maximum annual salary or hourly rate the employer
believes, in good faith, they are willing to pay the successful applicant or employee at the time of the
advertisement’s posting. Employers are permitted to update this range of pay based on information they collect during the hiring process. For instance, they may increase the range of pay if they find they are not attracting applicants. If compensation is completely commission-based, employers must state that clearly when advertising the opportunity.
ALL SUBMISSIONS TO THE NYSBA JOB LISTING WEBPAGE MUST INCLUDE SALARY RANGE INFORMATION CONSISTENT WITH THE NEW SALARY TRANSPARENCY LAW IN NEW YORK. WE WILL BE ASKING STATIONS TO RESUBMIT THEIR LISTING WITH SALARY TRANSPARENCY INFORMATION.
You can see the NY Department of Labor FAQ page here.
You can see a fact sheet for employees here.
You can see a fact sheet for employers here.