New York State Adopts Salary Disclosure for September 2023

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On December 21, 2022, Governor Kathy Hochul signed New York State Senate Bill S9427A into law. This new law, which becomes effective during September 2023, requires employers with four or more employees to include the compensation or “range of compensation” for every advertisement for a job, promotion, or transfer opportunity if the job can or will be performed, at least in part, in the state of New York. The law also requires employers to include the job description for every advertisement for a job, promotion, or transfer opportunity, if such description exists. The law defines “range of compensation” as the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting. Employers will be required to maintain a historical record of compensation ranges and job descriptions, if they exist, advertised for jobs, promotions, and transfers. Any person claiming to be aggrieved by a violation of the law may file a complaint with the New York State Labor Commissioner regarding such alleged violation for an investigation of such complaint and statement setting the appropriate remedy, if any. Employers that violate the law will be subject to civil penalties under New York labor law. The law requires that the Labor Commissioner promulgate rules and regulations to effectuate the new law. Thus, we expect more guidance will be available regarding the aspects of New York State’s salary disclosure law before the effective date.

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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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