NYS Employers Required to Include Salary Range and Job Description in Job Postings
Last week, New York Governor Hochul signed a law requiring employers with 4 or more employees to include the following any time the employer advertises a job, promotion, or transfer opportunity: the compensation or a range of compensation for such job, promotion, or transfer opportunity, as well as the job description for the role, if such description exists. The bill 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 the advertisement is posted. For jobs paid solely on commission, employers can comply with the law by stating that compensation shall be based on commission.
The new disclosure requirements apply to advertisements for positions that can or will be performed, at least in part, in New York State. While the law is largely similar to laws already enacted in New York City and Westchester County, the addition of the requirement to post the job description imposes broader obligations than under these existing laws.
The law also imposes new recordkeeping requirements that the New York City and Westchester County laws do not: Under the State law employers are required to keep and maintain necessary records showing compliance with the law, including but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if such description exists. It is unclear from the bill how long such records would need to be maintained by employers. However, because this law amends the New York Labor Law, which requires that payroll records be kept for at least six years, a six-year recording keeping period may also apply to records related to compliance with the new law.
A person who believes they have been subjected to a violation of the law may file a complaint with the Labor Commissioner, who will investigate the complaint and issue a statement setting out the appropriate remedy, including civil penalties. However, the law does not appear to provide a private right of action permitting an individual to bring an action in court for a violation of the law. The law authorizes the Labor Commissioner to promulgate rules and regulations to effectuate the law, so additional guidance may be forthcoming. The law goes into effect on September 17, 2023.
If you have any questions about updating your job postings or procedures to comply with the New York State law, and similar New York City and Westchester laws that went into effect in November of this year, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.
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