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On Dec. 21, 2022, New York State (NYS) enacted a new law (Senate Bill 9427A) that requires employers seeking workers in the state to include the pay or salary ranges in job ads. The new law is effective Sept. 17, 2023.
Employers seeking workers in New York City (NYC) are already subject to a local ordinance similar to the new state law. That ordinance went into effect on Nov. 1, 2022.
Covered Postings
The new statewide pay transparency requirement applies when any employment agency (other than a temporary help firm) or employer with four or more employees advertises for any position that can or will be performed, in whole or in part, in NYS. For positions paid solely on commission, subject employers may comply with the new requirement by including a general written statement that compensation will be based on commission.
Range of Compensation
Under the new law, the range of compensation includes the minimum and maximum annual salary or hourly range of pay that the employer, in good faith, believes to be accurate at the time an advertisement for the job is posted.
Recordkeeping Requirement
The new law requires employers to keep and maintain records necessary to ensure compliance. These records include, but are not limited to, the history of compensation ranges, along with any job descriptions, for each position.
Enforcement
Employers that violate the new law may be ordered to pay civil penalties of up to $1,000 for a first violation, $2,000 for a second violation, or $3,000 for a third or subsequent violation.
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Help With New York State Compliance
It can be difficult for businesses to keep up with all the new and amended New York laws, especially if you don’t have an HR staff to manage compliance. Fill in those gaps with GTM’s expert HR consultants. We’ll audit your current policies and procedures and ensure you follow all required regulations as often as you need. Fill out the brief form below to learn more.
