2 minute read | September.15.2023
New York state has joined at least 15 other states and localities including New York City to require some form of mandatory salary reporting in job postings. What does New York state’s Salary Transparency Law mean for companies looking to hire in New York? Here are answers to key questions employers might have about the law:
On any ad for a job, promotion or transfer, employers must disclose compensation or a range of compensation the employer in good faith believes to be accurate. Employers also must provide a job description if one exists.
The New York law applies to any posting for a job, promotion or transfer opportunity that will be performed, at least in part, in New York state. It also applies to jobs that will be performed outside of New York but report to a supervisor, office or other work site in New York. Practically speaking, this broad definition can sweep in remote employees in many different jurisdictions for companies that have a large team in New York. Companies should take inventory of how they designate remote employees in their systems (i.e. are remote employees listed as “remote” or connected to an office, like headquarters, in company records?).
Legislators considered record-keeping requirements in the salary transparency law, but those requirements were excluded in the spring of 2023. Although the law contains no formal record-keeping requirements, it is still a best practice for employers to document how they made a final salary determination for a given role, particularly if the employer deviated from the posted salary range for a selected candidate.