New York Equal Pay Act Wage Transparency Provisions Take Effect
The New York Department of Labor (NYDOL) recently adopted new regulations that place limitations on the discussion and disclosure of wages in the workplace. The amendments to Section 194(4) of the New York Labor Law took effect on February 1, 2017.Generally, Section 194 of the Labor Law prohibits employers from restricting employees’ ability to inquire about, discuss, or disclose wages with other employees. However, last year, the law was amended to authorize employers to provide, in a written policy, reasonable workplace and workday limitations on the time, place and manner for inquiries about, discussion of, or the disclosure of wages.
New Transparency Regulations
Now the law has again been amended to curtail such employer prerogatives. The new NYDOL pay transparency regulations clarify that “such limitations must be justified without reference to the content of the regulated speech, narrowly tailored to serve a significant interest, and leave open ample alternative channels for the communication of information.” In addition, an employer may not impose restrictions on employees in such a way that unreasonably prohibit inquiry, discussion, or disclosure of wages at the worksite and/or during work hours, directly or in practice.
Under the regulations, an employer may prohibit an employee from discussing or disclosing the wages of another employee, unless the other employee provides verbal or written consent, either directly or indirectly. The co-worker can withdraw his or her consent at any time. The regulations also confirm that employees who have access to other employees’ wage information as a result of their job duties (e.g., human resources staff) may be restricted from disclosing such information.
Record-keeping under new regulations
The new employment regulations for New York employers also address employers’ record-keeping obligations. In the event of claim that the labor law has been violated, an affirmative defense is provided in Section 194(4)(c) provided that the policy has been disseminated via paper copy or electronic posting. In either case, the employer must keep copies of the written policy for six years. Lastly, the new regulation provides that its provisions may not be construed to diminish or waive any rights or obligations of any employee pursuant to any other law, regulation, or collective bargaining agreement.
The new law is now in effect. Employers that have policies governing employees’ rights to discuss their wage information should review them immediately to verify that they comply with the NYDOL regulations.
Are you a New York business owner? Do you have any questions regarding the new wage transparency regulations? Would you like to discuss the matter further? If so, please a Scarinci Hollenbeck attorney at 201-806-3364.
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
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.
New York Department Of Labor Updates Wage Transparency Regulations
Author: Scarinci Hollenbeck, LLC
New York Equal Pay Act Wage Transparency Provisions Take Effect
The New York Department of Labor (NYDOL) recently adopted new regulations that place limitations on the discussion and disclosure of wages in the workplace. The amendments to Section 194(4) of the New York Labor Law took effect on February 1, 2017.Generally, Section 194 of the Labor Law prohibits employers from restricting employees’ ability to inquire about, discuss, or disclose wages with other employees. However, last year, the law was amended to authorize employers to provide, in a written policy, reasonable workplace and workday limitations on the time, place and manner for inquiries about, discussion of, or the disclosure of wages.
New Transparency Regulations
Now the law has again been amended to curtail such employer prerogatives. The new NYDOL pay transparency regulations clarify that “such limitations must be justified without reference to the content of the regulated speech, narrowly tailored to serve a significant interest, and leave open ample alternative channels for the communication of information.” In addition, an employer may not impose restrictions on employees in such a way that unreasonably prohibit inquiry, discussion, or disclosure of wages at the worksite and/or during work hours, directly or in practice.
Under the regulations, an employer may prohibit an employee from discussing or disclosing the wages of another employee, unless the other employee provides verbal or written consent, either directly or indirectly. The co-worker can withdraw his or her consent at any time. The regulations also confirm that employees who have access to other employees’ wage information as a result of their job duties (e.g., human resources staff) may be restricted from disclosing such information.
Record-keeping under new regulations
The new employment regulations for New York employers also address employers’ record-keeping obligations. In the event of claim that the labor law has been violated, an affirmative defense is provided in Section 194(4)(c) provided that the policy has been disseminated via paper copy or electronic posting. In either case, the employer must keep copies of the written policy for six years. Lastly, the new regulation provides that its provisions may not be construed to diminish or waive any rights or obligations of any employee pursuant to any other law, regulation, or collective bargaining agreement.
The new law is now in effect. Employers that have policies governing employees’ rights to discuss their wage information should review them immediately to verify that they comply with the NYDOL regulations.
Are you a New York business owner? Do you have any questions regarding the new wage transparency regulations? Would you like to discuss the matter further? If so, please a Scarinci Hollenbeck attorney at 201-806-3364.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
