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New York State Department of Labor Releases Proposed Pay Transparency Regulations

26 Oct


Update Applicable to:

All New York employers and those who have employees perform physically, at least in part, in the State of New York, or have employees that report to a supervisor, office or other site in New York.

What happened?

On March 3, 2023, New York State amended its pay transparency law. The New York DOL (Department of Labor) proposes a series of rulings that will help cover some voids, which are subject to a 60-day comment period, expiring on November 12, 2023.

What are the details?

In a previous Vensure Communication, New York State amended its transparency law, and the New York Department of Labor (NYDOL) proposed a series of rulings that will clarify some issues, according to said entity.

Some of the propositions include the following:

·         Clarify that advertisements for opportunities that may be performed remotely from anywhere are covered so long as the employee reports to a supervisor or work location in New York and that advertisements are covered regardless of the medium in which they are posted.

·         Clarify that occasional meetings or merely communicating with employees will not alone be deemed physically performing a job “in part” in New York.

·         Clarify that employers are responsible regardless of whether an advertisement is posted by the employer directly or through a third-party, except if such advertisements is “scraped” or automatically aggregated electronically and posted by a third-party without their knowledge or consent.

·         Employers are required to provide a compensation range when advertising job opportunities, that should only encompass the base salary or hourly rate and must not include other forms of compensation or benefits associated with the position; It should also be included the minimum and maximum annual salary or hourly rate. Employers can provide additional information if desired.

·         The law does not prohibit employers from hiring, promoting, or transferring employees without posting an advertisement, nor does it require employers to create an advertisement to hire, promote, or transfer employees.

For other proposed rulings and details, they can be found in Proposed Regulation Page 14 pdf

For more information, please see the links below:

Law Firm articles: Article 1, Article 2

What do employers need to do?

Employers should review their job advertisements to ensure they comply and update procedures; use the resources provided above. These propositions are not final, and all interested parties should provide comments on said regulation, on or before November 12, 2023. Please follow the procedures stated for written and digital comments here.

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

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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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