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July 2022: Westchester County Enacts Pay Disclosure Requirements

26 Jul

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Update Applicable to:
All employers with four or more employees in Westchester County, New York.

What happened?
On May 4, 2022, Westchester passed Westchester County Laws § 700.03, also known as the “Westchester Law,” enacting pay disclosure requirements for employment opportunities.

What are the details?
Effective November 6, 2022, employers with four or more employees who post “for positions that are required to be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely,” will be required to disclose the pay of the advertised position during a job posting.

Similar to the NYC law and the Ithaca Ordinance, the Westchester Law does not apply to a job advertisement for temporary employment at a temporary help firm. Moreover, Westchester County defines “posting” as “any written or printed communication, whether electronic or hard copy, that the employer is recruiting and accepting applications for a specific position,” but the law does not apply to general “help wanted” signs or similar communications.

The Westchester Law does not clarify whether all four employees must work within the County.

For more information, please see the links below:

Westchester Ordinance

Article 1Article 2

What do employers need to do?
Employers should review the links above and adjust their job postings to comply with the law.

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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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