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.
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
