On December 21, 2022, Governor Kathy Hochul signed legislation that will require employers with four or more employees to disclose salary ranges in advertisements for jobs, promotions, or transfer opportunities. The law will become effective September 17, 2023.
Pursuant to the new law, employers that advertise a job, promotion, or transfer opportunity must include: (1) the compensation or a range of compensation for such job, promotion, or transfer opportunity; and (2) the job description for such job, promotion, or transfer opportunity, if such description exists.
“Range of compensation” is defined as the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting of an advertisement for such opportunity. However, for roles paid solely on commission, the law specifies that an employer will be in compliance if it discloses in writing a general statement that compensation shall be based on commission.
In addition to the disclosure requirements, the law contains an explicit non-retaliation provision, and new record keeping requirements. Specifically, employers must keep and maintain records including, but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions, if such descriptions exist.
Any person may file a complaint with the state Commissioner of Labor (the “Commissioner”). Employers who fail to comply with the statute face civil penalties up to $1,000 for a first violation, $2,000 for a second violation, and $3,000 for a third or subsequent violation, depending on the employer’s size, good faith, history of previous violations, and the gravity of the violation. There is no private right of action.