Effective September 17, 2023, New York State mandates that businesses employing four or more individuals disclose compensation ranges for specific job opportunities, promotions, and transfers.
This requirement applies to positions physically performed, at least in part, within the state and those performed elsewhere but reporting to a New York State-based supervisor or office, including remote or telecommuting roles.
This law applies to all advertisements, including but not limited to: a newspaper advertisement, a printed flyer that is either distributed or displayed, a social media post, an e-mail sent to a pool of more than one applicant, an e-mail sent through an electronic mailing list, or an advertisement published through any other medium. This includes postings through a third-party on the employer’s behalf, for example, postings through a job recruiter or job-listing website.
These ranges encompass the minimum and maximum annual salary or hourly compensation deemed accurate at the time of posting. Additionally, employers must explicitly indicate if a role is commission-based and are prohibited from retaliating against employees for discussing their compensation with colleagues.
Individuals, whether current, prospective, or potential employees, who allege a breach of this law, can file a complaint with the New York State Department of Labor. Moreover, organizations representing such employees or recognized collective bargaining agents may also submit complaints on their behalf.
The attorneys at Outside Legal Counsel LLP can help businesses ensure that they in compliance with this new law. Please reach out to us for a consultation.
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