Advocacy Alert: Hochul Mandates Pay Range Disclosure
Today, Gov. Hochul signed legislation that will require employers to post pay ranges in job advertisements.
Who does this apply to?
Any person, corporation, limited liability company, association, labor organization, or entity employing four or more employees. Also, anyone acting as an employment agent or recruiter.
When will this take effect?
September 2023.
Does this only apply to new hires?
No. No job, promotion, or transfer opportunity can be advertised without including the compensation.
Are there limits on an acceptable compensation range?
The posted compensation range should be “the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting.”
What if the job is commission-based?
If the position is solely commission-based, employers must still disclose in writing in a general statement that compensation is based on commission.
What is the penalty for noncompliance?
If an employer does not post a compensation range and the aggrieved individual files a complaint with the Department of Labor, employers can be subject to civil fines.
What records must I keep?
Employers must keep records on the compensation range history and job description for each position.
Are more details forthcoming?
Yes. The Department of Labor will issue more detailed regulations before the effective date. The BNP hopes these regulations will clarify some of the glaring ambiguities and oversights of this statute.
Among the issues we hope the state will address:
- What constitutes an advertisement? Road/window signs? Classified ads? LinkedIn posts? Radio spots?
- How does this apply to independent contractors, gig workers, or bid work?
- For how many years must employers keep compensation records?
- Who has access to compensation records?
Have other concerns that you’d like raised to the Department of Labor during the rulemaking process? Email JVeronica@thepartnership.org.
Related Posts
BNP Advocacy Insider – February 2022
The February 2022 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.
1.18.22 Advocacy Alert: Hochul Releases Executive Budget
On January 18, Governor Kathy Hochul released her first Executive Budget proposal, available here. She announced the proposal in a brief speech that largely mirrored her State of the State address.
BNP Advocacy Insider – January 2022
The January 2022 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.
1.5.22 Advocacy Alert: Hochul Lists Priorities in First State of the State
This afternoon, Governor Kathy Hochul delivered her first State of the State address to the Legislature. In the speech, she discussed the top problems the state faces and her plans to address them.
Hochul made bold claims about reigniting New York’s economy, stating, “we are going to jumpstart our economic recovery by being the most business-friendly and worker-friendly state in the nation.”
- « Previous
- 1
- …
- 12
- 13
- 14