The Governor of New York recently signed amendments to the New York State Pay Transparency Law, modifying the applicability of the law, the term “advertisement,” and an employer’s recordkeeping requirements. The law’s effective date did not change, remaining September 17, 2023.

Most notably, the amendment expands an employer’s obligation to disclose the compensation range and job descriptions for jobs, promotions, or transfer opportunities to include jobs “that will physically be performed outside of New York but report to a supervisor, office, or other work site in New York.” This broad amendment means that even when jobs do not require any physical presence in New York, they can still be covered if the person reports to a supervisor or office in the state.

With regard to “advertisement,” the prior version of the law did not define the term. The amendment defines “advertise” as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” As such, the law will apply to both internal and external, as well as electronic and paper job opportunities.

Further, the newly enacted amendments remove the law’s record-keeping requirements, which previously required employers to keep and maintain records to comply, including but not limited to, the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions.  While this is no longer required, New York employers should consider continuing with this record-keeping practice to assist in defending compensation decisions, if needed.

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