What New York's Wage Transparency Law Means for Employers

January 5, 2023

New York Governor Kathy Hochul signed legislation this month establishing a pay transparency law (“PTL”) in New York State. The PTL, first passed by the New York legislature six months ago and signed by Governor Hochul on December 21, 2022, requires employers to disclose certain information regarding employment opportunities offered by employers.

Beginning September 17, 2023, all employers with at least four employees, and most full-time employment agencies must disclose the minimum and maximum annual salary or hourly range of compensation for advertised jobs, promotions or transfers. The employer must make such disclosures based on the employer’s good faith belief in the accuracy of the information disclosed at the time the advertisement is posted.

The PTL contains anti-retaliatory provisions and does not supersede or preempt any provisions of local law, rules or regulations, including New York City’s more stringent “Salary Transparency Law” effective as of November 1, 2022.

In the event the Commissioner of Labor determines that an employer has violated the PTL, such employer is subject to a civil penalty pursuant to Section 218 of New York’s Labor Law.

Should you require additional information about this or any other provision of New York’s dynamic Labor Law, or if your company has concerns about current employment policies, feel free to contact any member of our labor and employment team.

Kevin counsels employers on recent developments in employment law, and the implementation of policies and procedures which enable employers to be in compliance with federal and state laws. He can be reached at 716-854-4300 ext. 292 or kburke@gross-shuman.com