New York State Wage Vary Legislation Implementation – Worker Advantages & Compensation

On December 21, 2022, Governor Hochul signed laws
establishing a statewide pay transparency regulation in New York, which
will take impact on September 17, 2023 and require employers to
checklist wage or hourly pay ranges for all marketed jobs and
promotions. The laws is codified as a part of New York’s
Labor Legislation in Part 194-b. This follows New York Metropolis’s
implementation of a pay transparency regulation on November 1, 2022. For
extra data referring to New York Metropolis’s pay transparency
regulation, please see Kane Kessler’s authorized alert on the topic at https://www.kanekessler.com/firm-publications/new-york-city-to-require-salary-ranges-in-job-postings/.

Pursuant to the statewide regulation, any employer with 4 (4) or
extra staff, in addition to employment businesses (excluding momentary
assist corporations), should embody in any commercial for a job,
promotion, or switch alternative the minimal and most annual
wage or hourly vary of compensation that the employer believes
in good religion to be correct on the time of posting. Moreover,
employers should present the job description for every such job,
promotion, or switch alternative, if such description exists. The
regulation additionally prohibits employers from retaliating in opposition to candidates or
staff for exercising their rights underneath this part. Lastly,
the regulation requires employers to maintain and keep information, together with,
however not restricted to, the historical past of compensation ranges for every
job, promotion, or switch alternative, and the job descriptions
for such positions, if such descriptions exist.

Failure to adjust to the statute might topic employers to
civil penalties of as much as $1,000 for a primary violation, $2,000 for a
second violation, and $3,000 for a 3rd or subsequent violation.
The quantity of the penalty will rely on the employer’s dimension,
good religion, gravity of the violation, and whether or not the employer has
violated the statute beforehand. Whereas no non-public proper of motion
exists underneath the statute, any aggrieved particular person can file a criticism
with the New York State Division of Labor.

New York Metropolis’s wage transparency regulation went into impact on
November 1, 2022 and different localities throughout the state have handed
comparable laws. The New York State regulation doesn’t supersede or
preempt any native regulation, guidelines, or rules however acts as a
complement to cowl areas of the state with no such native regulation.
Whereas statewide necessities are principally aligned with these in native
New York jurisdictions, employers ought to pay attention to the brand new
obligations underneath the state regulation. The regulation directs the New York
Division of Labor to conduct a public outreach marketing campaign, so
further steerage is more likely to be forthcoming.

Earlier than the regulation takes impact, there are sensible steps employers
can take to proactively put together to adjust to the regulation: 1) conduct
an equal pay audit and make changes the place essential; 2) assess
insurance policies for figuring out salaries and compensation; 3) evaluate and
revise present job postings to make sure every description precisely
displays the wage vary and the work being carried out; 4) develop
a course of to persistently publish the wage vary for all postings;
5) evaluate utility and interview protocols (as a reminder, New
York State’s Wage Historical past Ban prohibits employers from asking
about candidates’ present or prior earnings); and 6) conduct
surveys of opponents’ postings to establish whether or not
compensation being supplied to similarly-classified staff is
aggressive.

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

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