On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Pay Transparency Regulation” or “NYPTL”), a pay transparency legislation that can impact maximum employers who do trade within the state of New York. The New York Pay Transparency Regulation will take impact on September 18, 2023.
The New York Pay Transparency Regulation amends the New York Exertions Regulation to require coated employers to incorporate the next knowledge in ads for inside and exterior “process, promotion, or switch alternatives”:
- The repayment or vary of repayment (outlined as “the minimal and most annual wage or hourly vary of repayment for a role, promotion, or switch alternative”) that the employer in just right religion believes to be correct on the time of posting;
- The process description for the placement, if one exists; and
- A “basic description of different types of repayment to be introduced if acceptable, together with however no longer restricted to fringe advantages, bonuses, inventory choices, or commissions.”
Employers are coated underneath the New York Pay Transparency Regulation if they have got 4 or extra staff, even though the legislation is silent as to what number of of the ones staff, if any, should paintings within the state of New York. Simplest staff should be counted for functions of figuring out protection. Employment companies are coated through the New York Pay Transparency Regulation, however transient lend a hand corporations who recruit and rent their very own staff to accomplish paintings for different organizations are expressly excluded from protection. A task commercial is roofed underneath the New York Pay Transparency Regulation whether it is for a place that “can or will probably be carried out within the state of New York,” which applies to ads for absolutely far off positions that would hypothetically be stuffed through a employee in New York.
Violations of the New York Pay Transparency Regulation would possibly lead to civil consequences of as much as $3,000. The New York Pay Transparency Regulation does no longer ponder a non-public proper of motion, however folks aggrieved through violations of the legislation (together with candidates) would possibly record a grievance with the New York State Commissioner of Exertions. The New York Pay Transparency Regulation’s passage additionally has the impact of sunsetting Westchester County’s pay transparency legislation as of September 18, 2023.
In enacting the New York Pay Transparency Regulation, New York joins a rising selection of states and municipalities with an identical necessities. One such municipality is New York Town, the place the New York Town Wage Transparency Regulation (“NYCSTL”) took impact on November 1, 2022. The state and town pay transparency rules have some key variations, which might be summarized underneath:
| Function | NYCSTL | NYPTL |
| Coated Employer | Employers with 4+ staff or home employees, as long as no less than 1 works in New York Town. Employment companies coated. Transient lend a hand corporations no longer coated. | Employers with 4+ staff. Employment companies coated. Transient lend a hand corporations no longer coated. |
| Folks That Should Be Counted to Resolve Employer Protection | Staff, interns, impartial contractors, and trade homeowners. | Staff simplest. |
| Coated Task Commercial | All inside and exterior ads for positions that may or will probably be carried out, in complete or partly, in New York Town. | All inside and exterior ads for positions that may or will probably be carried out, no less than partly, within the state of New York. |
| Knowledge That Should Be Incorporated in Task Commercial | Minimal and most wage or hourly salary. | (1) Reimbursement or vary of repayment; (2) Task description, if one exists; (3) Common description of different types of repayment to be introduced. |
| Consequences for Violation | $250,000, however $0 for first violation with evidence of treatment inside of 30 days. | $3,000 |
| Non-public Proper of Motion? | Sure, for aggrieved staff simplest. | No, however aggrieved candidates and staff would possibly record a grievance with the New York State Commissioner of Exertions. |
The New York Commissioner of Exertions is predicted to factor rules in regards to the New York Pay Transparency Regulation previous to its efficient date. We can proceed to watch any new trends and supply updates as they turn out to be to be had.