December 21, 2022

New York State Salary Transparency Bill Signed by Governor Hochul

On Wednesday, December 21, 2022, Governor Kathy Hochul signed the Salary Transparency Act (Legislation S.9427-A/A. 10477) implementing pay transparency across New York State. Effective September 17, 2023, the law requires employers with four or more employees to disclose salary ranges for all advertised jobs, promotions and transfer opportunities for positions that, at least in part, “can or will be performed” in New York State. The Act also requires that employers keep and maintain all necessary records to comply with the requirements, including the history of compensation ranges for each position and any job descriptions if applicable. Any person who claims to be aggrieved by employer noncompliance may file a complaint with the labor commissioner.

The act parallels New York City’s Salary Transparency Law that went into effect in November 2022. These new laws are the latest in a national trend of wage transparency aimed at combating racial and gender-based wealth gaps. Salary transparency laws seek to both encourage employers to adopt better pay practices and empower workers with necessary information to ensure they are receiving proper and fair compensation.

 

 

 

 

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The First Recession for Women

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Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

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Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

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Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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