New York’s pay transparency law for job advertisements went into effect on September 17, 2023. In order to help provide clarification of some of the key points of the law, the state’s Department of Labor published proposed rules. These rules clarify the following:
- Advertisements are covered regardless of the medium in which they are posted. This includes, but is not limited to, “a newspaper advertisement, a printed flyer that is either distributed or displayed, a social media post, an e-mail sent to a pool of applicants, an e-communication sent using an electronic mailing list, or an advertisement posted through any other medium.”
- A “pool of applicants” means “more than one potential or prospective applicant.”
- The range of compensation to be posted is solely the base rate of pay, regardless of the frequency of payment. The compensation range does not include other forms of compensation or benefits offered in connection with the opportunity.
- The law does not apply when a temporary help firm hires employees to perform work or services for other organizations.
- Advertisements for opportunities that may be performed remotely from anywhere are covered so long as the employee would report to a supervisor or work location in New York.
- An employer’s use of a hyperlink to provide the compensation range is restricted.
- Posting a range in “good faith” means the range of compensation the employer legitimately believes they are willing to pay the successful applicant or employee at the time they post an advertisement.
The proposed regulations are not yet final. Employers and other stakeholders can provide comments through the expiration of the comment period on November 12, 2023.
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