In this installment of LaborSpeak, we discuss amendments to New York State and New York City’s respective pay transparency laws and what these important changes will mean for employers.
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Transcript
The New York City Council has proposed and the New York State Legislature has approved amendments to their respective pay transparency laws on February 2nd 2023 the New York City Council introduced a bill proposing changes to the city's current salary disclosure law one key change would require New York City employers to provide a description of non-wage compensation and postings including bonuses benefits stocks bonds options and Equity or ownership if any the bill does not define the term description so it is unclear whether employers must provide a numerical breakdown or a general acknowledgment of these forms of compensation employers may want to start thinking about how they would describe other than base wage compensation to comply should the law become effective this bill would also require employers to update all postings to include a job duties description of the advertised position promotion or transfer opportunity even though the postings are currently available to everyone the bill provides that current employees would also be entitled to compensation information on their job titles annually and upon request the proposed amendments have been referred to the city council's committee on civil and human rights for review the bill must still undergo a public hearing committee vote Council vote and mayoral decision before it becomes law after which it would take effect in 180 days while this means the proposed amendments aren't going into effect anytime soon employers may want to start thinking about the impact on their Workforce and recruitment efforts and the increase in administrative burden that could be involved in addition governor hokel recently signed amendments to the New York state pay transparency law bringing it more in line with the New York City law and is set to take effect on September 17 2020 the state law will make clear the salary disclosure requirement extends to any job promotion or transfer opportunity that will be physically performed outside of New York but reports to a supervisor office or other work site in the state so New York State employers will need to adhere to the state laws disclosure requirements when advertising for remote positions just as is the case under the New York City law in addition previously the state law required employers to keep and maintain records detailing the compensation range history and job description if any for each job promotion or transfer opportunity but now employers will no longer be obligated to keep such records and a definition for the term advertise will be inserted bringing the state law in line with New York City's salary disclosure law for more information please reach out to a member of our labor and employment team