New York State Pay Transparency Law Takes Effect September 17, 202309/15/2023
Effective September 17, 2023, New York employers with four or more employees must comply with certain statutory disclosure requirements when advertising for positions physically within and some outside the workplace or office. The law applies to advertising for available jobs, promotions, and transfer opportunities. “Covered employers” also includes employment agents, agencies, and recruiters regardless of size, excepting temporary help firms. “Advertise” is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.”
The law does not require that employers advertise available positions or opportunities. It does require that all such advertisements adhere to and comply with the statutory prerequisites. Based on recent amendments, the law will cover advertising for an available position which “will physically be performed, at least in part,” in New York and an available position which “will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York.” This amendment was designed to address and clarify previously-outstanding questions regarding coverage of remote workers.
Presently, all covered employers must comply with the following four requirements when advertising for such available positions. These requirements are subject to further clarification and refinement based on rules and regulations to be promulgated by the New York State Department of Labor (“NYSDOL”) which is the agency mandated to implement, interpret, and enforce this law.
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