New York State has amended its pay transparency law, effective September 17, which imposes additional obligations on employers, particularly concerning jobs performed outside the state by remote workers. Employers must disclose compensation or the compensation range for each job, promotion, or transfer opportunity in all job advertisements, alongside the job description, if one exists. The amendments have expanded and contracted the obligations imposed on employers. The statute removes the language extending applicability to jobs that can or will be performed in New York, meaning that the law will no longer cover remote positions. However, it will apply to jobs that will be physically performed outside the state but will report to a supervisor, office, or another worksite in New York. Employers must consider the reporting structure of out-of-state job listings to ensure compliance with the amended law. The amendments remove the requirement for employers to keep records of compensation history and job descriptions but include a definition of what it means to advertise for a job.
Proposed changes to New York City's pay transparency law could significantly expand employer obligations beyond the state amendments. If enacted, the modifications would require employers to disclose non-wage compensation, such as bonuses and benefits, and provide employees with the compensation range for their job title annually and upon request. The amendments are currently under review by the Committee on Civil and Human Rights.
Pay transparency laws are becoming increasingly popular in the push for pay equity. In 2023, many states and cities are expected to consider implementing pay transparency laws. You can refer to the Fisher Phillips Pay Equity Map to track pay equity initiatives.
