NYS Legislature Passes Amendment to Pay Transparency Law

As we previously reported, New York State enacted a pay transparency law requiring employers to include in each job advertisement the range of compensation for the role and a job description for the role, if such description exists. The law goes into effect on September 17, 2023. Last week, the NYS Legislature passed a bill that, if signed by the Governor, could both expand and narrow the geographic scope of the law.

Currently under the law, the disclosure requirements apply to advertisements for positions that can or will be performed, at least in part, in New York State. If the proposed amendments are enacted, the disclosure requirements would apply to positions that “will physically be performed, at least in part, in the state of New York, including a job, promotion, or transfer opportunity that will be physically performed outside of New York but reports to a supervisor, office, or other work site in New York.”  The amendment does not include specifics regarding when a position reports to a supervisor, office, or other work site in New York, so it remains to be seen how broadly this language would be interpreted.

The amendment, if enacted, would also remove the requirement that employers keep and maintain records of compliance with the law, including the history of compensation ranges for each role and the job descriptions, if such descriptions exist.

We will continue to monitor the status of this pending legislation.

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 last year, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.

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