Reminder for Employers—New York Statewide Pay Transparency Law Takes Effect

The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023. The law requires employers with four or more employees to disclose the minimum and maximum annual salary or hourly wage in advertisements for jobs, promotions, and transfers, including in electronic job postings.

New York State Assembly Passes Non-Compete Bill

On June 20, 2023, the New York State Assembly approved one of two bills concerning non-compete agreements that the New York State Senate just recently passed. Bill No. S3100A, which would prohibit employers from using non-compete agreements, passed the Assembly and is on its way to the desk of Governor Hochul for signature.

New York State Senate Passes Prohibitions on Non-Competes

Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. The first, Bill No. S3100A, proposes a ban on all non-compete agreements, while the second, Bill No. S6748, proposes a limited ban of certain non-compete agreements.

National Pay Transparency Bill Proposed

With states and municipalities across the country enacting pay transparency laws, a bill was recently introduced in Congress that would require disclosure of pay ranges nationwide to address concerns with pay equity. On March 14, 2023, United States Representative Eleanor Holmes Norton (D-DC) introduced the “Salary Transparency Act,” or H.R. 1599, which would amend the Fair Labor Standards Act (FLSA) to require covered employers to disclose the “wage range” for open positions in job postings made publicly and internally.

New York Lawmakers Modify Pay Disclosure Law’s Applicability to Remote Jobs

With the September 17, 2023 effective date for New York’s new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve certain information retention requirements for employers. On March 3, 2023, New York governor Kathy Hochul signed Senate Bill S1326, amending the new pay transparency law that will require employers to disclose minimum and maximum annual salaries or hourly wages in advertisements for jobs, internal promotions, or transfer opportunities.

Manhattan District Attorney Sets Sights on Allegations of Employer Wage Theft

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg Jr. announced the creation of a special unit to “investigate and prosecute” wage theft, harassment, and exploitation of workers.  He also announced the establishment, in partnership with the New York State Department of Labor, of a fund to repay victims of such crimes. D.A. Bragg and his office further declared support for a proposed bill in the New York state legislature that would expand the existing crime of larceny to include wage theft.

Albany County, New York’s New Law Requiring Disclosure of Pay Ranges in Job Postings

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.

Connecticut Proposes Legislation to Increase Salary Transparency in Job Postings

Connecticut recently proposed legislation (Proposed H.B. No. 5243) that would “require employers to disclose salary ranges in all job postings.” In 2021, Connecticut was one of the first states to enact a pay transparency law requiring employers to disclose to applicants and employees the salary ranges for their positions. The proposed legislation would expand the existing law.

New York City’s New Job Protection Bill: Will It End At-Will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int 0837-2022 would further restrict employers’ use of electronic monitoring and biometric data in making discharge and disciplinary decisions, and provide other protections for workers.

NYC Private-Sector Vaccine Mandate Becomes Optional Beginning November 1, 2022

On September 20, 2022, New York City Mayor Eric Adams announced that New York City’s private-sector vaccine mandate would become optional for businesses, beginning on November 1, 2022. The first-in-the-nation COVID-19 vaccination mandate for private-sector workers enacted by former mayor Bill de Blasio took effect on December 27, 2021.

New York State Launches Hotline for Reporting Sexual Harassment in the Workplace

On July 19, 2022, New York Governor Kathy Hochul announced the launch of a statewide confidential hotline for complaints of workplace sexual harassment. The hotline was provided under Senate Bill No. S812B, which Governor Hochul signed into law on March 16, 2022, as part of a legislative package enacted to address sexual harassment in the workplace.

New York City Council Passes Amended Salary Disclosure Law, Paving the Way for Enactment

On April 28, 2022, the New York City Council passed Int. No. 134-A, which revises Local Law 32, New York City’s previously enacted salary disclosure law. In order to become law, the bill must be signed by New York City Mayor Eric Adams. While the mayor has thirty days to consider the bill, timing is key as the current salary disclosure law is set to take effect on May 15, 2022.

New York City Council Proposes Amendments to Pay Transparency Law

On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go into effect on May 15, 2022, makes it an “unlawful discriminatory practice” for employers with four or more employees to post job advertisements, internal promotions, or transfer opportunities without setting forth the anticipated salary ranges.

NYC Commission on Human Rights Issues Guidance Regarding Minimum and Maximum Salaries in Job Postings

On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 2021, and takes effect on May 15, 2022, requires employers to include a “good faith” salary range in any external or internal job posting, as well as promotion or transfer opportunity.

New York Enacts Series of Bills Focusing on Workplace Discrimination and Harassment

On March 16, 2022, New York Governor Kathy Hochul signed a series of bills into law designed at combatting harassment and discrimination in the workplace. The governor has made addressing sexual harassment in the workplace part of her “Equity Agenda,” (which is part of the 2022 State of the State) and a number of other bills aimed at strengthening New York’s discrimination laws are already in motion.