New York's Pay Transparency Law took effect on September 17, 2023. We previously reported on  this law in our 2023 Employment Law Update in January.

This law apples to employers with four or more employees who advertise for a job that will either be  physically performed (at least in part) in New York, or will report to someone in New York if it is performed outside of New York.  This could affect remote or hybrid positions.

This law applies to written internal job postings, and to external job advertisements.  It does not apply to oral communications about job openings.

Employers must disclose the minimum and maximum salary or hourly wage for the position.  If pay is based solely on commission, this must be disclosed. Employers are not required to disclose benefits, overtime pay, or incentive pay.   

Employers are subject to civil penalties for non-compliance with this law.   There is no private right of action under this law.

New York City and several other states already have similar laws.  This law continues a trend of employment legislation originally enacted in New York City  being applied to the entire state.

Please let us know if Colligan Law can assist you in complying with this new law, and with your other employment law needs.