New York State Pay Transparency Law
March 14, 2023 / By Tracy Rickett, Human Resources Generalist
As communicated in a prior news article, the New York State (NYS) Pay Transparency law goes into effect on September 17, 2023. A bill amending the NYS Pay Transparency law was signed into law on March 3, 2023.
The law covers employers located in New York State with four or more employees, as well as agents and recruiters. Only temporary help firms are exempt.
Covered employers must include in any advertisement for a job, promotion, or transfer opportunity the minimum and maximum annual salary or hourly range of compensation that the employer in good faith believes to be accurate at the time of the posting.
The law applies to advertisements for “a job, promotion, or transfer opportunity that will physically be performed, at least in part, in the state of New York, including a job, promotion, or transfer opportunity that will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York.”
“Advertise” is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity”.
The state law requires employers to disclose the applicable job description if one exists.
The employer records keeping requirement is no longer required as part of this law. It is recommended that churches maintain records.
The New York State law includes an anti-retaliation provision that prohibits an employer from refusing to interview, hire, promote, or employ an applicant or current employee for exercising any right provided by the law.
The New York State law does not expressly create a private right of action for violations of the law. It provides, however, that violations are subject to investigation and prosecution by the state commissioner of labor, with civil penalties not to exceed $1,000 for the first violation, $2,000 for the second violation and $3,000 for the third and subsequent violations.
If you have any questions on this topic, please contact Tracy Rickett, Human Resources Generalist, at 315-898-2017 or TracyRickett@unyumc.org