On December 21, 2022, New York Governor Kathy Hochul signed Senate Bill S9427A into law, six months after the New York State Legislature passed the pay disclosure bill. The law takes effect on September 17, 2023.
Employers in localities that currently have salary disclosure laws, such as New York City, Westchester County, and Ithaca, may now have to amend their current advertisements to ensure compliance with the statewide law. As such, below is a recap of the requirements:
- The law requires employers with four or more employees to disclose minimum and maximum annual salary or hourly wage range in job postings.
- The law requires employers to disclose the minimum and maximum range of compensation in any job advertisement for a position “that can or will be performed, at least in part, in the state of New York.”
- The law requires employers to include the compensation range in all postings for internal promotions or transfer opportunities.
- The law requires employers to include a general statement that the compensation would be based on commission for any posting for a position that is going to be paid solely on a commission basis.
- The law requires employers to include a job description for the posted position (if one exists) in the job advertisement.
- The law does not apply to job advertisements from temporary help firms but does apply to employment agents or recruiters.
Employers that violate the law may be subject to civil penalties.
Employers may want to review the above requirements and begin to bring their practices into compliance with the law prior to its effective date.
Ogletree Deakins’ New York office will continue to monitor developments with respect to S9427A and its impact on the workplace 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.