As of 9/17/23 the New York State Salary Range Law is in effect. This new law will provide workers across the state to have crucial information to inform their job searches and career development, and businesses will be able to attract and retain the best talent in this current competitive labor market. This requires all New York employers with four or more employees to list pay ranges in advertisement for jobs, promotions and transfer opportunities.
Here’s what you need to know:
- Which employers are covered?
- New York employers with a minimum of four employees.
- Independent contractors are not included in the employee count (as they are in the NYC law).
- Temporary help firms are excluded. Employment agencies, recruiters and agents are covered.
- What positions are covered?
- A job, promotion, or transfer opportunity that will be physically performed, at least in part, in New York State.
- A remote job, regardless of location, that reports to a supervisor or office located in New York State.
- Jobs paid 100% by commission require only a general statement that compensation is based on commission.
- What disclosures are required?
- The "compensation or range of compensation" when advertising, internally and publicly, a job, promotion, or transfer opportunities. This includes the wage or salary and does not include other forms of compensation.
- A job description if one is available.
- The compensation must be in “good faith” and accurate at the time of the posting.
- Advertisements can be electronic or in writing, including a window sign or flyer.
- What else?
- Not required, a description of benefits and other forms of compensation
- Applicants and employees are protected from retaliation.
- Local laws in NYC, Ithaca and Albany County remain in place, although Westchester’s law is void when the state law goes into effect.
- More about the NYC Pay Transparency Law
- How and who will enforce the law?
- Individuals can file a complaint with the New York Department of Labor (NYDOL).
- Civil penalties start at $1000 and can go up to $3000 for repeat violations.
- How do I report a violation?
- Go to labor.ny.gov OR call 888-4-NYSDOL (888-469-7365)