June 09, 2022

A New York employer, employment agency, employee or agent thereof would be required to include compensation or the compensation range when advertising a job, promotion or transfer opportunity under legislation (S5598D) that would amend the labor code. The legislation passed the Senate and will now go to the governor for consideration. While the legislation is similar to the New York City salary disclosure law scheduled to be effective in November 2022, it explicitly states it would not supersede or preempt any provisions of local law, rules or regulations. Therefore, New York City employers would need to comply with both laws.

Highlights


Application.
An employer would be broadly defined as any person, corporation, limited liability company, association, labor organization or entity employing four or more employees in any occupation, industry, trade, business or service, or any agent thereof; and any person, corporation, limited liability company, association or entity acting as an employment agent or recruiter, or otherwise connecting applicants with employers. Temporary help firms would be exempt, since they already disclose this information in compliance with the state’s Wage Theft Prevention Act.
 

Covered job listings. Any advertisement for a job, promotion or transfer opportunity that could or would be performed, at least in part, in New York would be covered. Advertisements for jobs, promotions, or transfer opportunities paid solely on commission would need to include a general statement that compensation would be based on commission.
 

Disclosures. To advertise a job, promotion or transfer opportunity, employers would need to disclose the compensation or a range of compensation for such job, promotion, or transfer opportunity; and the job description for such job, promotion, or transfer opportunity, if a description exists.
 

Included compensation information. The range for the listed minimum and maximum annual salary or hourly pay that the employer — in good faith — believes to be accurate at the time of posting would need to be included.
 

Recordkeeping. Employers would be required to keep and maintain necessary 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 they exist.
 

Non-retaliation. Employers could not refuse to interview, hire, promote or otherwise retaliate against individuals who exercise their rights under this legislation.
 

Enforcement. Any person would be able to file a complaint with the Labor Commissioner for violations of the legislation. Noncompliant employers would face civil penalties under the labor law.
 

Procedural application. If enacted, the law would be effective 270 days after enactment. The Labor Commissioner would enact procedural rules, and the Department of Labor would conduct a public awareness outreach campaign, including making information available on its website and otherwise informing employers of these requirements.
 

Related resources

 

Non-Mercer resource

Mercer Law & Policy resources

Other Mercer resources

Stephanie Rosseau
by Stephanie Rosseau

Principal, Mercer’s Law & Policy Group

Fiona Webster
by Fiona Webster

Principal, Mercer’s Law & Policy Group


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