Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Employer Pay Transparency Obligations Signed Into Law

Author: Scarinci Hollenbeck, LLC

Date: February 21, 2023

Key Contacts

Back
New York Enacts Statewide Pay Transparency Law

New York employers will soon need to change how they advertise job opportunities...

Beginning September 17, 2023, New York employers must include the anticipated range of compensation for any employment opportunities it advertises. In case you missed it, Governor Kathy Hochul enacted the New York Pay Transparency Law (NYPTL) in December.  The NYPTL (S.9427-A/A.10477) requires employers doing business in New York to list salary ranges for all advertised jobs and promotions.

Obligations Under New York Pay Transparency Law

Employers with at least four employees and employment agencies will need to comply with the NYPTL. Temporary help firms that recruit and hire their own employees to perform work for other organizations are not covered.

Advertisements for internal and external “job, promotion, or transfer opportunities” must include the following information:

  • the compensation or range of compensation (the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity) that the employer in good faith believes to be accurate at the time of posting;
  • the job description for the position, if one exists; and
  • a “general description of other forms of compensation to be offered if applicable, including but not limited to fringe benefits, bonuses, stock options, or commissions.”

The NYPTL also includes record-keeping obligations. Covered employers must keep and maintain necessary records to comply with the requirements of the law, including but not limited to the history of salary ranges for each job, promotion, or transfer opportunity and the job descriptions for the position, if they exist.

Violations of the NYPTL may result in civil penalties of up to $3,000. Additionally, aggrieved individuals (applicants and employees) may file a complaint with the New York State Commissioner of Labor. 

Comparison to the New York City Salary Transparency Law

New York City employers are already required to disclose salary information under the New York City Salary Transparency Law (NYCSTL), which took effect on November 1, 2022. The NYCSTL makes it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) to not include in job listings the minimum and maximum salary offered for any position located within New York City. The range for the listed maximum and minimum salary must extend from the lowest salary to the highest salary that the employer in good faith believes it would pay for the advertised job, promotion, or transfer.

There are a few key differences between the two pay transparency laws. The New York City Salary Pay Transparency Law (NYC SPTL) counts full-time, part-time, permanent and temporary employees, interns, and independent contractors when determining if an employer meets the four-employee threshold. The state-wide law has the same threshold, but only counts employees to determine coverage.

The information that must be disclosed in a job advertisement under the NYPTL is more expansive. Rather than just a salary range, employers must provide a job description for the position, if one exists; , as well as a “general description of other forms of compensation to be offered if applicable, including but not limited to fringe benefits, bonuses, stock options, or commissions.”

Unlike the NYPTL, the (NYC SPTL) contains a private right of action for aggrieved employers. The (NYC SPTL) also allows employers to cure first-time violations. It specifically provides that the New York City Commission on Human Rights will not assess a civil penalty for a first complaint alleging a violation of the salary transparency provision, provided that the employer shows they have remedied the violation within 30 days of receiving the Commission’s notice of the violation.

Next Steps for New York Employers

While the NYPTL does not take effect until September 18, 2023, it behooves New York employers to get ahead of it since pay transparency compliance is about to get more complicated. We expect the New York Commissioner of Labor to enact regulations regarding the New York Pay Transparency Law prior to its effective date. We will continue to track developments related to this law, so please monitor our website for updates.

If you have questions, please contact us

Please contact a Scarinci Hollenbeck attorney at 201-896-4100 regarding any questions on compliance with pay transparency laws and preparatory steps that can be taken as these laws and regulations are expected to continue to be enacted and amended.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"
Crypto Compliance: A Comprehensive Guide post image

Crypto Compliance: A Comprehensive Guide

For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Compliance: A Comprehensive Guide"
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!