Reminder:  NY’s Salary Disclosure Law is Effective September 17

The New York State Pay Transparency Law (the “Law”) goes into effect on September 17, 2023. The Law requires New York State employers to disclose the “minimum and maximum annual salary or hourly range of compensation” that the employer in “good faith believes to be accurate” for a job, promotion, or transfer opportunity “that will be performed, at least in part, in the state of New York.” For commission-based positions, employers need only state that compensation is based on commission. In addition, employers must provide a job description for each such position (if one already exists) and keep records of the history of compensation ranges and job descriptions for each employment opportunity. Amendments to the Law clarify that the disclosure requirements encompass “a job, promotion, or transfer opportunity that will be physically performed outside of New York but reports to a supervisor, office, or other work site in New York.” The Law defines “advertisement” to mean making “available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.”  As a reminder, a salary disclosure law is and has been in effect for New York City employers since November 1, 2022.