On March 3, 2023, Governor Hochul signed a bill amending the statewide wage disclosure law. The amendments will not change the anticipated effective date of September 17, 2023.
The key changes include:
- Clarification on what is considered a job advertisement which would include a written description of an employment opportunity to be made available to a pool of potential applicants for internal or public viewing, including electronically;
- Clarification that the law will not be applicable to remote positions for those who do not physically work in NY and who do have any connection to a NY office or supervisor; and
- Removal of the recordkeeping provisions, which as initially written, required employers to “keep and maintain necessary records to comply with the requirements of this section including, but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for each of the positions, if they exist.”
New York City has also proposed changes to their law which went into effect on November 22, 2022. The proposed change would expand requirements to include a job description and information about benefits, bonuses and other non-wage compensation in job postings.
Next Steps for Employers
Employers should ensure that they continue to monitor the progression of these laws. For the statewide law, additional guidance and regulations are expected from the state in the lead up to the September effective date.
HR Works will continue to monitor and communicate any developments that may assist employers in complying with these laws.
