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January 2023: Governor Hochul Signs New York Pay Transparency Bill Into Law

03 Jan


Update Applicable to:
All employers with four or more employees in the state of New York.

What happened?
On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Pay Transparency Law” or “NYPTL”), a pay transparency law that will affect most employers who do business in the state of New York.

What are the details?
Effective September 17, 2023, covered employers in New York State will have pay transparency obligations related to job advertisements under the new legislative bill.

Covered Employers
Employers with at least four employees and employment agencies (excluding temporary help firms as defined under Section 619 of the Labor Code) are considered covered employers.

Employer Obligations
Covered employers must include in any advertisement for a job, promotion, or transfer opportunity the minimum and maximum annual salary or hourly range of compensation that the employer, in good faith, believes to be accurate at the time of the posting. This is similar to the amended New York City ordinance. However, the state law goes one step further and requires employers to disclose the applicable job description if one exists, which is not required under the New York City ordinance.

A general statement that compensation will be based on commission may satisfy the disclosure requirement for commission-only positions.

The state law will also require employers to keep and maintain necessary records to evidence compliance with the statute, 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. This is another distinction from the New York City ordinance, which does not have a record-keeping requirement.

For more information, please see the links below:


Article 1Article 2

What do employers need to do?
Employers should review the links provided above and make adjustments to their job and position advertisements to comply with the law once it goes into effect on September 17, 2023.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's New York PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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