Governor Hochul Indicators New York Pay Transparency Invoice Into Regulation – Worker Advantages & Compensation


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On December 21, 2022, Governor Kathy Hochul signed S.9427-A/A.10477 (the “New York Pay Transparency
Regulation” or “NYPTL”), a pay transparency legislation that may
have an effect on most employers who do enterprise within the state of New York. The
New York Pay Transparency Regulation will take impact on September 18,
2023.

The New York Pay Transparency Regulation amends the New York Labor Regulation
to require coated employers to incorporate the next data
in ads for inner and exterior “job, promotion,
or switch alternatives”:

  1. The compensation or vary of compensation (outlined as “the
    minimal and most annual wage or hourly vary of compensation
    for a job, promotion, or switch alternative”) that the
    employer in good religion believes to be correct on the time of
    posting;

  2. The job description for the place, if one exists; and

  3. A “common description of different types of compensation to
    be provided if relevant, together with however not restricted to fringe
    advantages, bonuses, inventory choices, or commissions.”

Employers are coated beneath the New York Pay Transparency Regulation if
they’ve 4 or extra staff, although the legislation is silent as to
what number of of these staff, if any, should work within the state of New
York. Solely staff should be counted for functions of figuring out
protection. Employment companies are coated by the New York Pay
Transparency Regulation, however non permanent assist corporations who recruit and rent
their very own staff to carry out work for different organizations are
expressly excluded from protection. A job commercial is roofed
beneath the New York Pay Transparency Regulation whether it is for a place
that “can or will likely be carried out within the state of New York,”
which applies to ads for totally distant positions that
might hypothetically be stuffed by a employee in New York.

Violations of the New York Pay Transparency Regulation could lead to
civil penalties of as much as $3,000. The New York Pay Transparency Regulation
doesn’t ponder a personal proper of motion, however people
aggrieved by violations of the legislation (together with candidates) could file
a criticism with the New York State Commissioner of Labor. The New
York Pay Transparency Regulation’s passage additionally has the impact of
sunsetting Westchester County’s pay transparency legislation
as of September 18, 2023.

In enacting the New York Pay Transparency Regulation, New York joins a
rising variety of states and municipalities with comparable
necessities. One such municipality is New York Metropolis, the place the New York Metropolis Wage Transparency Regulation
(“NYCSTL”) took impact on November 1, 2022. The state and
metropolis pay transparency legal guidelines have some key variations, that are
summarized under:
















Characteristic NYCSTL NYPTL
Lined Employer Employers with 4+ staff or home employees, as long as at
least 1 works in New York Metropolis. Employment companies coated.
Non permanent assist corporations not coated.
Employers with 4+ staff. Employment companies coated.
Non permanent assist corporations not coated.
People That Should Be Counted to Decide Employer
Protection
Staff, interns, impartial contractors, and enterprise
homeowners.
Staff solely.
Lined Job Commercial All inner and exterior ads for positions that may
or will likely be carried out, in complete or partly, in New York Metropolis.
All inner and exterior ads for positions that may
or will likely be carried out, a minimum of partly, within the state of New
York.
Info That Should Be Included in Job Commercial Minimal and most wage or hourly wage. (1) Compensation or vary of compensation; (2) Job description,
if one exists; (3) Normal description of different types of
compensation to be provided.
Penalties for Violation $250,000, however $0 for first violation with proof of remedy inside
30 days.
$3,000
Personal Proper of Motion? Sure, for aggrieved staff solely. No, however aggrieved candidates and staff could file a criticism
with the New York State Commissioner of Labor.

The New York Commissioner of Labor is predicted to concern
laws concerning the New York Pay Transparency Regulation previous to
its efficient date. We’ll proceed to watch any new
developments and supply updates as they turn out to be obtainable.

The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.

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