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New York State May Require Wage Reporting Requirements to Match New York City

2022-06-13

If passed, employers will be required to disclose a salary range in job postings to applicants and employees

Employers with four or more employees may be required to include in job postings, externally for new hires and internally for promotion or transfer opportunities, the minimum and maximum salary for any position than is to be performed within the State of New York.  Senate Bill S9427 was passed by the legislature and now goes before Governor Kathy Hochul for consideration. If enacted, the bill would take effect 170 days after it becomes law. 

The New York law would require covered employers who post a new job opening, promotion or transfer opportunity that can be or will be performed, in whole or in part, in the state of New York to: (1) provide the compensation or range of compensation, and (2) provide a job description for the opportunity, if such description exists.  Employers would also be required to maintain records to support their compliance with these requirements.

The bill excludes temporary employment at a temporary staffing firm which are already required to provide wage range information to support the New York State Wage Theft Prevention Act. 

Employers who have employees in New York City will have to implement these requirements by November 1, 2022.  If signed by Governor Hochul, these requirements will broaden to all opportunities within the State of New York.  Employers should note that similar requirements are being passed by states throughout the country and the spotlight on pay transparency is broadening.  For these reasons, we continue to stress the importance of evaluating pay practices to prepare for scrutiny at the state and federal level, both with the Equal Employment Opportunity Commission and the Office of Federal Contracts Compliance Programs.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.