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Employers in Albany County, New York, will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State with similar pay transparency requirements.  The New York State legislature passed its own pay transparency law in June 2022, which was signed by Governor Kathy Hochul and will take effect in September 2023.

Local Law “E” for 2022, first introduced in May 2022, amends the Albany County Omnibus Human Rights Law to prohibit employers from advertising a job, promotion, or transfer opportunity “without stating the minimum and maximum salary or hourly wage for such position in such advertisement.” In stating the range, employers may include the lowest to the highest salary that an employer “in good faith believes at the time of the posting it would pay” for the posted job, promotion, or transfer opportunity. The requirement does not apply to temporary employment at a temporary help firm.

According to the legislative intent, the premise of the law is to “prevent discrimination in employment,” as withholding salary information in the hiring process “places employees at a disadvantage and can lead to discriminatory pay inequality.” The move follows Albany County’s 2017 amendment to its Human Rights Law that prohibits employers from requiring that job applicants disclose their prior or current salary information before receiving an offer for a new position.

Key Takeaways

Pay transparency laws have popped up across the country in the wake of the #MeToo movement. In New York State, Albany County joins New York City, Westchester County, and Ithaca with similar measures requiring employers to disclose pay ranges in job postings. Employers in Albany County may want to conduct an internal pay audit before setting salary ranges to be used in job postings to ensure consistency in pay practices.

Ogletree Deakins’ New York office will continue to monitor developments with pay transparency laws and their implications for employers and will post updates on the New York and Pay Equity blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.

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