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New York Clarifies Scope of Pay Scale Reports

For multi-state employers tracking pay transparency laws requiring salary ranges in job postings, recent amendments to the New York law provide welcome clarity.

In its original form, the New York law would have required most employers to provide a range of compensation in job postings if the job could have been performed in the State of New York, sweeping in most remote-work jobs, even those with no direct tie to the state. The amendments, however, only require such disclosures if the job will “physically be performed, at least in part, in the state of New York” or a job performed outside of New York if the position “reports to a supervisor, office, or other work site in New York.” Employers are no longer required to maintain records related to the history of compensation ranges for each job, but must include the required salary disclosures for both internal and external job postings. The amended law takes effect on September 17, 2023.

Despite the above changes in the State of New York, employers with job postings in New York City must still comply with the City’s pay transparency requirements. NYC interprets its pay transparency law to apply to jobs that can or will be performed in or from New York City, at least in part. The New York City Council is currently considering amendments to expand the Ordinance, including disclosure of nearly all forms of compensation, including bonuses, benefits, or stock options.

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