October 2, 2023

New York State Pay Transparency Laws Go Into Effect

New York State Pay Transparency Laws Go Into Effect

On September 17, the New York State Pay Transparency Law went into effect. The law, which was signed in late 2022 by Governor Kathy Hochul , requires all employers with four or more employees who publish job postings for work that will, at least in part, be performed in New York State, to publish the salary or salary range for the job. The law does not apply to temporary help firms. There are already several localities in the state, including New York City, Ithaca, and Albany County, that have their own pay transparency laws on the books and the state law will not supersede any local laws or regulations.

The New York State Department of Labor has also been crafting additional rules and guidelines to assist employers with compliance with the new measures. And, thanks to a federal Fostering Access, Rights and Equity (FARE) Grant, the DoL has increased resources to provide information to women workers in the state. This includes information not only about pay transparency but a host of other issues, such as gender pay gaps, workplace lactation rights and paid sick leave, to name just a few.

As we have written about previously, pay transparency laws across the country are having myriad effects, such as providing workers with more power to negotiate pay, and are intended, at least in part, to promote pay equity for women. But some employers have countered by advertising such large pay bands as to make the salary information almost meaningless. We continue to monitor the expansion of these laws, and their impact on pay equity.

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Salary Sharing and the Importance of Pay Transparency

March 11, 2020
Gender Discrimination
Pay transparency can effectively mitigate salary discrepancies based on race and gender, especially considering that women and minorities are often at the lower end of the pay grade. While publicizing each individual employee’s salary may create unnecessary animosity, reporting pay bands could be a favorable method of promoting a culture of transparency.

COVID-19 and Work

March 9, 2020
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Employers and employees have questions about what steps they should be taking to help protect against COVID-19, the infectious disease caused by the most recently discovered coronavirus in the workplace. We have compiled some useful resources to help you understand what actions to take at this time related to work.

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Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

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