New York Governor Hochul Signs Statewide Salary Disclosure Bill Into Law – Employee Benefits & Compensation

On December 21, 2022, New York Governor Kathy Hochul signed
Senate Bill S9427A into law, six months after the New York State
Legislature passed the pay disclosure bill. The law takes
effect on September 17, 2023.

Employers in localities that currently have salary disclosure
laws, such as New York City, Westchester County, and Ithaca,
may now have to amend their current advertisements to ensure
compliance with the statewide law. As such, below is a recap of the
requirements:

• The law requires employers with four or more employees to
  disclose minimum and maximum annual salary or hourly wage range in
  job postings.




• The law requires employers to disclose the minimum and maximum
  range of compensation in any job advertisement for a position
  “that can or will be performed, at least in part, in the state
  of New York.”




• The law requires employers to include the compensation range in
  all postings for internal promotions or transfer
  opportunities.




• The law requires employers to include a general statement that
  the compensation would be based on commission for any posting for a
  position that is going to be paid solely on a commission
  basis.




• The law requires employers to include a job description for the
  posted position (if one exists) in the job advertisement.




• The law does not apply to job advertisements from temporary
  help firms but does apply to employment agents or recruiters.

Employers that violate the law may be subject to civil
penalties.

Employers may want to review the above requirements and begin to
bring their practices into compliance with the law prior to its
effective date.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.