CLIENT ALERT - NYS Pay Transparency Law Amendments

By Paul F. Millus, and Daniel B. Rinaldi

In a previous Client Alert, we reported that Governor Hochul signed into law legislation that will require employers throughout New York State to include salary ranges in all advertised jobs, promotions, and transfers. That law, which will go into effect September 17, 2023, has now been amended in two respects.

The first amendment eliminates the requirement that employers maintain certain records, including, but not necessarily limited to, “the history of compensation ranges for each job, promotion, or transfer opportunity and the job descriptions for such positions.” Although it will no longer be necessary for employers to do so, it would be wise for employers to maintain these records regardless, as they may aid in the defense of a claim.

The other amendment changes the nature of the jobs, promotions, and transfers to which the new law will apply. It will no longer apply to any “job, promotion, or transfer opportunity that can or will be performed, at least in part, in the State of New York.” It will now apply to any “job, promotion, or transfer opportunity that will physically be performed, at least in part, in the State of New York, including a job, promotion, or transfer opportunity that will physically be performed outside of New York but reports to a supervisor, office, or other work site in New York.”

The latter of these two amendments appears to address how advertising for remote work opportunities will be viewed under the new law. However, it raises another concern, which is how broadly, or narrowly, the phrase “reports to a supervisor, office, or other work site in New York” will be interpreted.