NY State Job Posting Wage Guidance
The New York State Salary Transparency Law applies to all job opportunities physically performed, at least partially, in New York State, including remote and telecommuting roles that report to a supervisor or office in New York. The law does not cover positions where the employee’s presence in New York is incidental or infrequent, such as occasional meetings.
Exemptions:
- Temporary help firms: These firms are exempt when advertising for positions they fill for other organizations, but they must comply when advertising for their own internal positions.
- Governmental agencies: These are also exempt.
Job Advertisements:
- The law applies to all forms of job advertisements, including print, online, and social media. Employers are responsible for compliance even if third parties publish the ads, but not if ads are reposted without their knowledge by “scrapers.”
- Advertisements must include a job description if one exists, and a specific compensation range. Open-ended ranges are not compliant, though a fixed rate can be listed if it’s non-negotiable. Job ads covering multiple locations or seniority levels must provide multiple salary ranges.
- If additional space is needed for salary information, employers can use attachments or hyperlinks, provided they are easily accessible.
Good-Faith Requirement:
- Employers must provide a salary range they genuinely believe is accurate at the time of posting. They can consider various factors like market conditions and budget, and adjust the range based on information from the hiring process. Misrepresenting the salary or using overly broad ranges can be considered bad faith.
Enforcement:
- Individuals can file complaints about violations, and the Department of Labor may investigate. However, there is no private right of action for enforcing the law.
A series of downloads, PDFs, and tools are available at the source below for additional guidance.
Reference Date is Sept 30, 2023. [Open Source]
