As we reported in 2022, New York has enacted a Pay Transparency Law (New York Labor Law § 194-b). This new law, which was revised in March 2023, requires all job postings in New York to include a salary (hourly or annual rate) or salary range (minimum and maximum). The purpose of this law is to provide job seekers with this crucial information upfront. The goal is to end systematic pay inequality and discriminatory wage-setting practices.
The law applies to all employers with four or more employees in New York at the time of posting. It also applies to advertisements for a job, promotion, or transfer. The advertisements must disclose the compensation or range of composition for a position. Failure to comply may result in fines of up to $1000 (first offense) to $3000 (third offense).
While initially based on the New York City Pay Transparency Law, there are some notable differences. Moreover, the amendments made some important changes.
Remote workers: Initially, the law applies to advertisements for work conducted - at least in whole or in part - within New York State. However, the March 2023 amendments attempted to clarify the impact on remote workers. The amendments seem to indicate that the law would apply to job advertisements where the work was physically performed out of state, as long as the job reports to a supervisor or office within New York State.
Commission-Only Jobs: Pursuant to the changes made in March, a job advertisement doesn't need to disclose compensation ranges where compensation is based entirely on commissions. Nevertheless, the job advertisement must include compensation ranges if part of the compensation is based on salary (set wages) and not just commissions.
Record Keeping: Initially, the law required employers to keep records for six years. This requirement was then revised in the amendments. Employers will no longer explicitly be required to keep records of compensation range and job description history for each covered advertisement. It should be noted that while you may not need to keep records regarding an advertisement, New York labor law requires the retention of records for compensation paid to employees.
Definition of Advertisements – Under the law, advertising is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” The definition is consistent with the New York City salary transparency law.
As we go to press, the New York Department of Labor has not yet issued regulations. Regardless, broadcast employers should be getting ready to include pay transparency information in job advertisements issued after September 17th.
Stations should consult their attorneys regarding the steps needed to comply with the new law. We will follow up with additional information once the NY Department of Labor issues new regulations.
Please note that information contained in the job listings section of the NYSBA website should include information that complies with the New York Pay Transparency Laws. We will implement this requirement consistent with the regulations to be adopted by the New York Department of Labor.
The New York Department of Labor’s website can be accessed here.