June Tip of the Month: Potential Changes to New York State Job Posting Requirements

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Employers throughout New York state may soon be required to include salary ranges in job postings, as well as promotion and transfer opportunities. On June 3, 2022, following in the footsteps of New York City’s recent salary transparency law, the New York State Legislature passed a bill amending the New York Labor Law to require employers with four or more employees to include the minimum and maximum salary range and job description in postings for positions that can or will be performed, at least in part, in the state of New York. Employers will also be required to keep and maintain “necessary records,” including the “history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if such descriptions exist.” If signed by Governor Hochul, the law will go into effect 270 days after it is signed, and will carry civil penalties in the event of a violation. In anticipation of this new law, New York employers should take steps to review and document salary ranges for each position, in order to accurately provide the newly required information in future postings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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