The New York State legislature has passed a wage transparency law (available here), which has been sent to New York's Governor Kathy Hochul for signature. If signed, the NYS law would be effective 270 days later. The NYS law is similar to the New York City (NYC) wage transparency law set to go into effect on November 1, 2022, but with some key differences. DWT has published the following advisories regarding the NYC wage transparency law:
Comparison of NYS Bill and NYC Wage Transparency Law
The key differences between the NYC wage transparency law and the proposed NYS law are outlined below.
Next Steps
If the proposed law is signed, employers in New York City will have to comply with both the NYC and NYS laws. The proposed NYS law explicitly states that it will not supersede or preempt any provisions of local laws. Thus, to the extent that the NYC law imposes stricter requirements on employers, the NYC requirements would apply.
Employers in New York State can begin to prepare by reviewing their current compensation ranges to assess whether to make any changes to attract new candidates or retain current employees.
Employers should also determine whether they have existing job descriptions, and consider whether any changes should be made to those descriptions, which would have to be included in advertisements under the proposed law.
If Governor Hochul signs the bill into law, the New York State Department of Labor may publish additional guidance. We will continue to monitor for further developments and will provide new information when it becomes available.
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