Governor Hochul Signs New York Pay Transparency Bill Into Law

On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Fork out Transparency Law” or “NYPTL”), a pay out transparency legislation that will have an effect on most employers who do company in the state of New York. The New York Pay out Transparency Regulation will choose result on September 18, 2023.

The New York Shell out Transparency Legislation amends the New York Labor Law to involve lined companies to consist of the pursuing information in advertisements for inside and exterior “job, marketing, or transfer opportunities”:

1. The compensation or array of compensation (described as “the least and maximum once-a-year wage or hourly array of payment for a career, promotion, or transfer opportunity”) that the employer in good faith believes to be exact at the time of posting
2. The work description for the placement, if just one exists and
3. A “general description of other kinds of payment to be made available if relevant, such as but not limited to fringe rewards, bonuses, stock choices, or commissions.” 

Employers are protected under the New York Pay back Transparency Legislation if they have 4 or much more workers, though the legislation is silent as to how numerous of those people personnel, if any, will have to do the job in the condition of New York. Only employees ought to be counted for purposes of analyzing protection. Employment companies are lined by the New York Pay back Transparency Law, but short-term help corporations who recruit and use their own employees to conduct operate for other companies are expressly excluded from protection. A task ad is lined less than the New York Spend Transparency Legislation if it is for a posture that “can or will be performed in the point out of New York,” which applies to ads for thoroughly remote positions that could hypothetically be stuffed by a worker in New York.

Violations of the New York Spend Transparency Regulation might consequence in civil penalties of up to $3,000. The New York Pay Transparency Regulation does not contemplate a non-public ideal of motion, but individuals aggrieved by violations of the legislation (such as candidates) may perhaps file a grievance with the New York Point out Commissioner of Labor. The New York Fork out Transparency Law’s passage also has the impact of sunsetting Westchester County’s fork out transparency law as of September 18, 2023.

In enacting the New York Fork out Transparency Legislation, New York joins a increasing variety of states and municipalities with similar needs. One this kind of municipality is New York City, in which the New York Metropolis Income Transparency Legislation (“NYCSTL”) took outcome on November 1, 2022. The state and town shell out transparency legal guidelines have some important differences, which are summarized under:

The New York Commissioner of Labor is anticipated to challenge laws pertaining to the New York Fork out Transparency Law prior to its productive day. We will proceed to keep track of any new developments and deliver updates as they become obtainable.