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.

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NYC Introduces Amendment to Salary Disclosure Law

As New York City employers are aware, employers are required to include the minimum and maximum salary or hourly wage in any advertisement for a job, promotion, or transfer opportunity. Guidance previously issued by the NYC Commission on Human Rights stated that other forms of compensation or benefits, such as insurance benefits and bonuses, did not need to be disclosed in job advertisements. However, last week the NYC Council introduced an amendment to the law that would require the disclosure of additional compensation and benefits in job advertisements.

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Amanda BakerRecruiting, NYCHRL
NYS Department of Labor Publishes Proposed Updates to Model Sexual Harassment Prevention Policy

As New York employers are aware, the New York Labor Law requires employers to adopt a sexual harassment prevention policy. As part of the requirement, the New York State Department of Labor (“NY DOL”) published a model policy and employers that do not adopt the model policy must ensure that the policy that they adopt meets or exceeds minimum standards outlined by the NY DOL. The law requires that this model policy be evaluated and updated as needed every four years.  On January 12, 2023, the NY DOL published a proposed model sexual harassment prevention policy, which revises the current model policy based on feedback received from workers, employers and other stakeholders during a public hearing. The proposed model policy is available for review and final feedback during a 30-day comment period ending February 11, 2023.

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Expansions to Workplace Protections and Accommodations for Nursing and Pregnant Employees

At the close of 2022, several expansions to the protections provided for nursing and pregnant employees in the workplace were enacted on the state and federal level. There are already several state and local laws in place that are more generous, in certain ways, than these expansions, but employers should still be aware of these updates to ensure compliance with all applicable legal requirements, particularly with regard to enhanced accommodations for pregnancy, childbirth and related medical conditions.  

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NYS Adds Citizenship or Immigration Status as Protected Category under the NYS Human Rights Law

The New York State Human Rights Law has long prohibited employment discrimination against individuals on the basis of certain protected characteristics, including, among others, race, age, national origin, and disability. Effective December 23, 2022, the New York State Human Rights Law also prohibits discrimination in employment on the basis of citizenship or immigration status.

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Amanda BakerDiscrimination