NY Equal Pay & Transparency Law
New York State Labor Law § 194: Equal Pay, Salary History, and Pay Transparency
United States
RET-US-NA-LABORLA-2023
New York State Labor Law § 194, along with its related sections, establishes comprehensive protections against wage discrimination, mandating equal pay for substantially similar work across a broad range of protected characteristics. It prohibits employers from inquiring about salary history and requires pay range disclosure in job postings, aiming to foster greater pay equity and transparency. The law provides robust enforcement mechanisms, including significant penalties for non-compliance, and protects employees' rights to discuss wages without retaliation.
Overview
New York State Labor Law § 194, often referred to as the Equal Pay Provision, stands as a cornerstone of wage equality legislation within the state, aiming to eradicate discriminatory pay practices. Enacted to ensure that employees receive equal remuneration for equal work, regardless of protected characteristics, this law has undergone significant amendments to broaden its scope and strengthen its enforcement. Initially focused primarily on sex-based wage discrimination, the law was substantially expanded in 2019 to prohibit unequal pay based on a wider array of protected classes, aligning with the New York State Human Rights Law. This expansion reflects a progressive legislative intent to address systemic pay disparities and foster a more equitable working environment across New York.
The historical trajectory of NY Labor Law § 194 demonstrates a continuous effort to enhance worker protections. Prior to the 2019 amendments, the law required equal pay for "equal work" based on sex. However, recognizing that subtle distinctions in job titles or descriptions could be used to circumvent the spirit of the law, the definition was expanded to include "substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." This critical change, effective October 8, 2019, made it more challenging for employers to justify pay differentials based on minor, non-substantive job differences. Furthermore, the law also introduced provisions safeguarding employees' rights to discuss wages, prohibiting employers from retaliating against those who inquire about or disclose their own or co-workers' compensation. These amendments were the culmination of legislative efforts, such as Senate Bill S5248A, which sought to close loopholes and strengthen the state's commitment to pay equity.
Beyond the core equal pay provisions, New York's legislative framework has further evolved with related sections that bolster pay equity. Notably, Labor Law § 194-a, effective January 6, 2020, prohibits employers from inquiring about or relying on an applicant's wage or salary history, a measure designed to break the cycle of historical pay discrimination that can follow individuals throughout their careers. More recently, Labor Law § 194-b, effective September 17, 2023, introduced mandatory pay transparency in job postings, requiring employers with four or more employees to disclose compensation ranges for advertised positions. These interconnected laws collectively represent a comprehensive approach by New York State to promote fair compensation practices, increase transparency, and empower workers in the labor market, aiming to reduce the persistent wage gaps experienced by women and minority groups across various industries.
Definitions
New York State Labor Law § 194, along with its related sections, employs several key definitions to delineate the scope and application of its pay equity provisions. Central to the law is the concept of "equal work" or "substantially similar work." As amended in 2019, the law prohibits paying an employee with protected class status a wage rate less than that paid to an employee without such status in the same establishment for either "equal work on a job the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions" or "substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions." This expanded definition of "substantially similar work" is crucial, as it prevents employers from circumventing equal pay obligations by creating minor, non-substantive differences in job titles or descriptions, thereby focusing on the actual content and demands of the job rather than superficial distinctions.
The term "remuneration" or "wage" under the law encompasses not only the basic salary or hourly rate but also any additional emoluments, whether in cash or in kind, paid by the employer to the worker arising out of their employment. This broad interpretation ensures that all forms of compensation are considered when assessing pay equity, preventing employers from offsetting lower base pay with other benefits to create a discriminatory differential. Examples of what constitutes "remuneration" include, but are not limited to, bonuses, commissions, vacation pay, holiday pay, sick leave, health insurance benefits, retirement contributions, stock options, housing allowances, and other fringe benefits. The law also defines "protected class" broadly to include characteristics such as age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, as well as any employee protected from discrimination under specific sections of the Executive Law, ensuring wide-ranging protection against various forms of discrimination.
Furthermore, the concept of "establishment" is defined to mean that employees are deemed to work in the same establishment if they work for the same employer at workplaces located in the same geographical region, no larger than a county, taking into account population distribution, economic activity, and/or the presence of municipalities. This definition is significant because it allows for comparisons of pay between employees who may not work in the exact same physical location but are still within a reasonably comparable geographic area, thereby expanding the scope of potential equal pay claims beyond a single physical office. The law also defines "bona fide factor other than status within one or more protected class or classes" as a permissible defense for pay differentials, provided such factor is not based upon or derived from a differential in compensation based on protected class status, is job-related, and consistent with business necessity. These factors can include a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or bona fide factors such as education, training, or experience.
Covered Employers
New York State Labor Law § 194, in its core equal pay provisions, applies broadly to virtually all employers within the state. The statutory language typically refers to "any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service," indicating a wide reach across the private sector. This comprehensive coverage ensures that the principle of equal pay for substantially similar work is upheld across diverse industries and organizational structures, from small businesses to large corporations. The law's intent is to create a level playing field for all workers in New York, irrespective of the specific nature or size of their employer, fostering a consistent standard of fairness throughout the state's economy.
While the foundational equal pay provisions of § 194 are extensive, related sections of the New York Labor Law introduce specific thresholds for certain pay transparency and salary history requirements. For instance, New York Labor Law § 194-b, which mandates the disclosure of compensation ranges in job advertisements, applies to businesses with four or more employees. This threshold means that smaller employers, while still subject to the core equal pay requirements of § 194, may not be subject to the job posting transparency rules of § 194-b. However, it is important to note that even employers with fewer than four employees are still prohibited from engaging in discriminatory pay practices under § 194 and are subject to the wage discussion rights provisions.
Furthermore, the salary history inquiry ban under New York Labor Law § 194-a covers both private and public sector employers in New York State, without a specific employee threshold mentioned in the provided snippets, suggesting broad applicability to all employers. This means that government entities, public authorities, and other governmental instrumentalities are also prohibited from inquiring about or relying on an applicant's wage or salary history. Temporary staffing agencies are explicitly exempt from the pay transparency requirements of § 194-b, highlighting specific carve-outs within the broader legislative framework. Employers must carefully review the specific requirements of each section of the Labor Law to ensure full compliance, as applicability can vary based on the type of employer and the specific provision in question, particularly regarding employee count and sector.
Employee Rights
New York State Labor Law § 194 grants employees significant rights aimed at promoting pay equity and transparency. Foremost among these is the right to receive equal pay for "substantially similar work" regardless of protected class status. This means an employee can challenge a pay differential if they perform work requiring comparable skill, effort, and responsibility under similar working conditions as a higher-paid colleague who does not share their protected characteristic. The law shifts the burden to the employer to prove that any pay differential is based on a bona fide factor other than protected class status, such as a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or other job-related factors consistent with business necessity. This empowers employees by removing the onus of proving discriminatory intent and placing the burden of justification squarely on the employer.
A crucial protection for employees under § 194 is the explicit right to inquire about, discuss, and disclose their own wages or the wages of other employees without fear of retaliation. Employers are expressly prohibited from establishing policies that prevent such discussions. While employers may implement reasonable workplace and workday limitations on the time, place, and manner of these discussions, such policies must be narrowly tailored and cannot specifically restrict wage-related conversations. For example, a policy might prohibit discussions during client meetings but cannot forbid them during lunch breaks. This right is fundamental to pay transparency, as it enables employees to gather information necessary to identify potential pay disparities and exercise their equal pay rights. Retaliation against an employee for exercising this right, including termination, demotion, or any adverse employment action, is strictly prohibited and can lead to severe penalties for the employer.
Furthermore, related sections of the New York Labor Law provide additional employee protections. Under Labor Law § 194-a, job applicants and current employees have the right not to have their wage or salary history inquired about or relied upon by employers in making employment or pay decisions. This ban aims to prevent past discriminatory pay from perpetuating wage gaps, ensuring that an individual's future earnings are not anchored to potentially unfair prior compensation. While employees can voluntarily disclose their salary history to negotiate a higher wage, employers cannot solicit this information. Additionally, Labor Law § 194-b grants applicants and employees the right to be informed of compensation ranges for job, promotion, or transfer opportunities, fostering greater transparency during the hiring and internal mobility processes. Employees are protected from retaliation for requesting or discussing this information, reinforcing the state's commitment to open wage dialogue.
Pay Transparency Requirements
New York State has significantly advanced pay transparency through the enactment of Labor Law § 194-b, which became effective on September 17, 2023. This law mandates that employers with four or more employees disclose compensation ranges for designated job opportunities, promotions, and transfers. The requirement applies to positions that will be physically performed, at least in part, within New York State, as well as remote or telecommuting opportunities that report to a supervisor or office located in New York. This broad applicability ensures that a significant portion of the workforce benefits from increased wage transparency, regardless of their physical work location, as long as there is a connection to New York, thereby covering a wide array of employment scenarios.
The core of the pay transparency requirement under § 194-b is the disclosure of a "good faith" salary range. This range must represent the minimum and maximum annual salary or hourly compensation that the employer genuinely believes to be accurate at the time of posting the advertisement. A "good faith" range is one that the employer honestly expects to pay for the position, based on factors like budget, market rates, and the skills required for the role, and should not be an arbitrarily wide range designed to circumvent the law's intent. If compensation for an opportunity is solely commission-based, employers must clearly state this in the job posting. The law also stipulates that if a job description exists, it must be made available. This provision aims to provide job seekers and current employees with clear and actionable information about potential earnings, enabling them to make more informed career decisions and negotiate more effectively, reducing information asymmetry in the labor market.
Beyond job postings, New York Labor Law § 194(4)(a)-(b) also contributes to pay transparency by explicitly protecting employees' rights to discuss wages. Employers are prohibited from preventing employees from inquiring about, discussing, or disclosing their own wages or the wages of other employees. While employers can establish reasonable, written workplace policies regarding the time, place, and manner of such discussions, these limitations must be narrowly tailored and cannot restrict the content of wage-related speech. For instance, a policy cannot forbid employees from discussing their salaries with each other during non-work hours or in non-work areas. This right to wage discussion is a critical component of transparency, as it empowers employees to share information that can help identify and address potential pay disparities. The combination of proactive disclosure in job postings and protected wage discussions creates a robust framework for pay transparency in New York State, fostering a more informed and equitable workforce.
Reporting & Audit Obligations
New York State Labor Law § 194, in its current form, does not impose explicit, widespread pay gap reporting or mandatory external audit obligations on employers, unlike some federal laws or regulations in other jurisdictions. The primary focus of § 194 is on prohibiting discriminatory pay practices and providing mechanisms for individual employees to seek redress. While the law encourages employers to review their pay policies for compliance, it does not mandate regular submission of pay data or gender pay gap reports to a state agency. This approach places the onus on employers to proactively ensure their compensation structures are equitable, rather than requiring periodic public disclosure of pay metrics, distinguishing it from more prescriptive reporting regimes found elsewhere.
Despite the absence of formal reporting requirements, the New York Department of Labor (NYDOL) plays a crucial role in monitoring and enforcing pay equity. The NYDOL provides guidance to employers on complying with Section 194 and related provisions, and it is the primary agency for receiving and investigating employee complaints regarding alleged pay equity violations. While employers are not required to conduct and submit formal pay equity audits to the state, the NYDOL's enforcement activities and the potential for significant penalties for non-compliance serve as a strong incentive for businesses to conduct internal reviews. Such internal audits, though not mandated for submission, are a best practice for employers to identify and rectify any pay disparities before they lead to complaints or legal action, thereby mitigating legal and reputational risks.
The absence of explicit reporting obligations under NY Labor Law § 194 should not be misinterpreted as a lack of state interest in pay equity data. The state's broader legislative agenda, including the pay transparency requirements of § 194-b and the salary history ban of § 194-a, aims to indirectly contribute to a more transparent labor market where pay disparities are less likely to persist. While employers are not compelled to publish their internal pay gap data, the increased transparency in job postings and the ability of employees to discuss wages can lead to greater scrutiny of pay practices. The NYDOL also conducts public awareness campaigns to inform employers and employees of their rights and obligations under these laws, further contributing to a culture of pay equity. The data gathered from individual complaints and investigations also provides the NYDOL with valuable insights into prevailing pay practices and potential areas for future legislative or regulatory action.
Governance & Enforcement Bodies
The primary governance and enforcement body for New York State Labor Law § 194 is the New York State Department of Labor (NYDOL). The NYDOL's Division of Labor Standards is specifically responsible for investigating complaints of wage discrimination, enforcing the provisions of the Labor Law, and providing guidance to employers and employees. Individuals who believe their private sector employer has violated Section 194, or related sections like 194-a (salary history ban) or 194-b (pay transparency in job postings), can file a complaint directly with the NYDOL. The Department is equipped to investigate these complaints, determine if a violation has occurred, and pursue appropriate remedies, including ordering payment of back wages and liquidated damages. The NYDOL's website provides detailed instructions and forms for filing such complaints, making the process accessible to aggrieved employees.
In addition to the NYDOL, the New York State Attorney General's office also plays a role in upholding equal pay laws, particularly in cases involving broader patterns of discrimination or significant public interest. While the NYDOL handles individual complaints and provides administrative remedies, the Attorney General's office may initiate legal action to enforce state anti-discrimination laws, including those related to pay equity, often targeting employers with systemic or widespread violations. Employees who believe they have been discriminated against may also consult an attorney to understand their options, which could include pursuing a civil action in court, especially for violations of § 194-a where a private right of action is explicitly provided. The interplay between these agencies and the courts ensures multiple avenues for enforcement and redress, providing a robust legal framework for protecting workers' rights.
The NYDOL is also tasked with promulgating rules and regulations to effectuate the provisions of the Labor Law, including those related to pay equity. This regulatory authority allows the Department to provide detailed interpretations and implementation guidelines for employers, clarifying ambiguities and ensuring consistent application of the law. Furthermore, the Department is mandated to conduct public awareness outreach campaigns, making information available on its website and otherwise informing employers of their obligations and employees of their rights. This proactive educational role is critical in fostering compliance and ensuring that both parties are aware of the legal framework governing pay equity in New York State, thereby promoting a culture of fairness and transparency in the workplace.
Monitoring & Evaluation
Monitoring and evaluation of New York State Labor Law § 194 primarily occur through the complaint-driven investigation process managed by the New York State Department of Labor (NYDOL). When an employee files a complaint alleging a violation of the equal pay provisions, the NYDOL initiates a thorough investigation to gather facts, review employer records, conduct interviews, and determine if a pay differential exists that cannot be justified by one of the statutory bona fide factors. This reactive monitoring mechanism is crucial for identifying instances of non-compliance and ensuring that individual grievances are addressed. The NYDOL's role extends to investigating claims related to the salary history ban (§ 194-a) and the pay transparency in job postings (§ 194-b), demonstrating a comprehensive approach to monitoring the broader pay equity framework across various stages of employment.
While formal, periodic pay equity audits mandated by the state for all employers are not a feature of NY Labor Law § 194, the law's enforcement mechanisms implicitly encourage employers to conduct their own internal monitoring and evaluation. The risk of significant penalties, including liquidated damages of up to 300% of the differential for willful violations, serves as a powerful incentive for employers to proactively review their pay practices and compensation structures. The NYDOL also provides guidance materials and fact sheets to assist employers in understanding their obligations and developing compliant policies, which can be seen as a form of indirect encouragement for self-evaluation. This guidance often advises businesses to conduct internal reviews of their pay policies and make necessary adjustments to ensure compliance and mitigate legal risks.
The effectiveness of the law is also evaluated through the outcomes of investigations and legal actions. Successful enforcement actions, whether through administrative remedies or civil litigation, contribute to the overall impact of the law in reducing pay disparities. The NYDOL tracks the number of complaints received, investigations conducted, and the amount of back wages and damages recovered, using these metrics to assess the law's practical application. The ongoing public awareness campaigns conducted by the NYDOL and the Attorney General's office also play a role in monitoring by increasing awareness among workers about their rights, potentially leading to more complaints and, consequently, more investigations. This continuous feedback loop, driven by employee complaints and agency enforcement, helps to assess the law's practical application and identify areas where further clarification or enforcement efforts may be needed to achieve greater pay equity.
Enforcement & Penalties
New York State Labor Law § 194 provides for robust enforcement mechanisms and significant penalties to deter wage discrimination and ensure compliance. Employers found to be in violation of the equal pay provisions face substantial financial repercussions. For instance, employers found liable for pay discrimination can be required to pay the differential in wages owed to the aggrieved employee. Beyond compensatory damages for the unpaid wages, the law also allows for the award of liquidated damages. For willful violations, these liquidated damages can amount to as much as 300 percent of the wages owed, representing a severe penalty designed to punish egregious non-compliance and deter future violations. A violation is considered willful if the employer knew or showed reckless disregard for whether its conduct was prohibited by the law.
In addition to the damages awarded directly to employees, employers may also face civil penalties imposed by the state. For violations of the broader wage payment provisions, including differentiation in rate of pay because of protected class status, an employer can forfeit to the people of the state the sum of five hundred dollars for each such failure. These civil penalties are recovered by the Commissioner of Labor through legal or administrative action. For violations of the pay transparency requirements under Labor Law § 194-b, civil penalties can escalate: not to exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 for the third and subsequent violations. These escalating penalties underscore the state's commitment to ensuring adherence to its pay equity and transparency mandates, with each violation considered a separate offense.
Employees aggrieved by violations of related sections, such as the salary history ban under Labor Law § 194-a, also have avenues for redress. This section explicitly grants a private right of action, allowing an applicant or current/former employee to bring a civil action for compensation for any damages sustained as a result of the violation. In such civil actions, the court may award injunctive relief, which could compel the employer to cease discriminatory practices, as well as reasonable attorneys' fees to a prevailing plaintiff. This provision empowers individuals to seek justice through the courts, complementing the administrative enforcement efforts of the Department of Labor. The combination of administrative fines, liquidated damages, and the potential for private civil actions creates a multi-layered enforcement framework designed to ensure strong compliance and provide meaningful remedies for victims of wage discrimination.
Relationship to Other Laws
New York State Labor Law § 194 operates within a complex web of federal, state, and local laws designed to combat discrimination and promote fair employment practices. Federally, it complements the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964. While the federal EPA primarily addresses sex-based wage discrimination for equal work, NY Labor Law § 194, especially after its 2019 amendments, extends protections to a broader range of protected classes and applies the standard of "substantially similar work," which can be a more expansive standard than the federal "equal work" requirement. This means that New York's law often provides stronger protections than its federal counterparts, and employees may have claims under both state and federal law, allowing them to pursue the most advantageous legal avenue.
Within New York State, Labor Law § 194 is closely intertwined with the New York State Human Rights Law (NYSHRL). The 2019 amendments explicitly expanded § 194's protections to cover all protected characteristics under the NYSHRL, including age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, familial status, marital status, and domestic violence victim status. This integration ensures a consistent and comprehensive approach to anti-discrimination in employment across the state's legal framework. Furthermore, the Labor Law's provisions on wage discussion rights and the salary history ban (§ 194-a) and pay transparency in job postings (§ 194-b) complement the broader anti-discrimination goals of the NYSHRL by addressing systemic factors that contribute to pay disparities, creating a holistic legal environment for fair employment.
It is also important to note that New York Labor Law § 194 explicitly states that its provisions shall not be construed or interpreted to supersede or preempt any provisions of local law, rules, or regulations. This means that local jurisdictions within New York, such as New York City, may enact their own, potentially more stringent, pay equity and transparency laws. For example, New York City has its own pay transparency law, effective November 1, 2022, and a salary history ban, effective October 31, 2017, which in some aspects predated or provided a model for the statewide legislation. Employers operating in multiple jurisdictions within New York must therefore comply with both state and any applicable local laws, adhering to the standard that offers the greatest protection to employees. The law also clarifies that nothing in it shall be construed to limit the rights of an employee provided under any other provision of law or collective bargaining agreement, ensuring that workers can benefit from the most favorable terms available to them.
International Context
New York State Labor Law § 194 aligns with and contributes to global efforts to achieve pay equity, reflecting principles found in international labor standards. The International Labour Organization (ILO) has been a leading advocate for equal remuneration, notably through its Equal Remuneration Convention, 1951 (No. 100). This convention calls upon member states to promote and ensure the application of the principle of equal remuneration for men and women workers for work of equal value. The ILO Convention No. 100 defines remuneration broadly to include basic wages and any additional emoluments, and it encourages objective appraisal of jobs. New York's expansion of § 194 to cover "substantially similar work" and a wide range of protected classes, along with its broad definition of "wage," resonates strongly with the spirit and intent of ILO Convention No. 100, even though the United States has not ratified this specific convention, demonstrating a commitment to global best practices.
Furthermore, the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) of the ILO, which the United States has also not ratified, obligates ratifying countries to declare and pursue a national policy designed to eliminate discrimination in employment and occupation based on various grounds, including sex, race, and social origin. New York's comprehensive approach to pay equity, encompassing multiple protected characteristics and prohibiting retaliation for wage discussions, reflects the broader anti-discrimination principles espoused by ILO Convention No. 111. These international instruments serve as benchmarks for national legislation, and New York's progressive amendments to its Labor Law demonstrate a commitment to advancing these global human rights and labor standards within its jurisdiction, contributing to the worldwide movement for fair labor practices.
In a more contemporary context, the European Union's Pay Transparency Directive, adopted in 2023, provides a significant parallel to New York's recent legislative developments. This EU Directive introduces binding measures to strengthen the application of equal pay for equal work or work of equal value between men and women, particularly through enhanced pay transparency and enforcement mechanisms. Key requirements of the EU Directive include mandatory pay reporting for larger companies, the right for workers to request pay information, and a ban on salary history inquiries. New York's Labor Law § 194-a (salary history ban) and § 194-b (pay transparency in job postings) directly mirror these modern international trends, indicating a shared global understanding of effective strategies to close gender and other pay gaps. The EU Directive also sets a deadline for member states to transpose its provisions into national law by June 2026, highlighting a global movement towards more robust pay equity legislation and a proactive approach to addressing wage disparities.
Implementation Timeline
| Date | Milestone | Status |
|---|---|---|
| January 19, 2016 | Amendments to NYLL § 194 took effect, strengthening the "bona fide factor other than sex" defense and providing employees the right to discuss wages. | In Force |
| October 31, 2017 | New York City's Salary History Law became effective, prohibiting employers from inquiring about or relying on salary history. | In Force (Local) |
| October 8, 2019 | Pay Equity Amendment to NYLL § 194 took effect, expanding "equal pay for equal work" to "substantially similar work" and including all protected classes under the NYSHRL. | In Force (Amended) |
| January 6, 2020 | NYLL § 194-a (statewide salary history ban) took effect, prohibiting employers from inquiring about or relying on wage or salary history. | In Force |
| September 17, 2023 | NYLL § 194-b (statewide pay transparency in job postings) took effect, requiring employers with four or more employees to disclose compensation ranges. | In Force |
Compliance Checklist
| Requirement | Action Required | Deadline |
|---|---|---|
| Equal Pay for Substantially Similar Work | Ensure all employees performing substantially similar work are paid equally, regardless of protected class status, unless justified by a bona fide factor. Conduct regular internal pay equity audits. | Ongoing |
| Bona Fide Factor Defense | If pay differentials exist, ensure they are based on legitimate, job-related, business-necessary factors (seniority, merit, production, education, training, experience) and not derived from protected class status. Document justifications thoroughly. | Ongoing |
| Wage Discussion Rights | Do not prohibit employees from inquiring about, discussing, or disclosing their own or co-workers' wages. | Ongoing |
| Written Wage Discussion Policy | If implementing limitations on wage discussions, ensure a written policy is provided to all employees, is reasonable, narrowly tailored to time, place, and manner, and does not restrict content. | Ongoing |
| Salary History Ban (§ 194-a) | Do not inquire about or rely on an applicant's or current employee's wage or salary history in employment or pay decisions. | Ongoing (Effective Jan 6, 2020) |
| Voluntary Salary Disclosure | Allow applicants/employees to voluntarily disclose salary history to negotiate higher pay, but do not prompt or require it. | Ongoing |
| Pay Transparency in Job Postings (§ 194-b) | For employers with 4+ employees, include a good faith compensation range and job description (if one exists) in all advertisements for job, promotion, or transfer opportunities performed in NY or reporting to NY. | Ongoing (Effective Sep 17, 2023) |
| Commission-Based Compensation Disclosure | Clearly state if a job opportunity's compensation is solely commission-based in the advertisement. | Ongoing (Effective Sep 17, 2023) |
| Anti-Retaliation | Do not retaliate against employees or applicants for exercising any rights under NYLL § 194, § 194-a, or § 194-b (e.g., discussing wages, refusing salary history, requesting pay range). | Ongoing |
| NYDOL Complaint Process | Be aware of the NYDOL's role in investigating complaints and cooperate fully with any investigations. | As needed |
| Compliance with Local Laws | Ensure compliance with any stricter local pay equity or transparency laws (e.g., New York City). | Ongoing |
Sources and References
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