New York: Amendments to Pay Transparency Law Provide Clarifications
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APPLIES TO All Employers with Employees and Applicants in NY |
EFFECTIVE March 3, 2023
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QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
With New York’s pay transparency law set to go into effect on September 17, 2023, a new amendment both expands and narrows some aspects of the law. The pay transparency law requires employers to disclose the compensation or range of compensation in any advertisement for a job, promotion, or transfer opportunity. In addition, employers must disclose the job description for a position, if one exists. SB S1326 makes the following changes to the law.
Employees Affected. The range of compensation must be included for positions that will be physically performed, at least in part, in the state of New York. Also, positions that are physically performed outside of New York but report to a supervisor, office, or other worksite in New York are also included.
Definition of Advertise. “Advertise” is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.”
Recordkeeping. There is no longer a recordkeeping requirement. However, it is best practice to keep records of compliance to defend against a claim for violating the law.
Employers already taking steps to comply with the law should make adjustments to comply with the new amendment.
Action Items
- Review and revise job postings and job descriptions.
- Have appropriate personnel trained on the updated requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase