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NYC’s pay transparency law is about to go statewide

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New York state will soon require most private employers to include a salary range in any listing for job openings, promotions or transfer opportunities, much like New York City mandated earlier this year.

Gov. Kathy Hochul signed a bill into law Wednesday that largely mirrors New York City’s existing policy, which applies to any employer with at least four employees and requires them to make a “good faith” effort to provide an accurate compensation range.

The measure is designed to force employers to be transparent about salary levels in hopes of fighting back against persistent gaps in pay between men and women, as well as between white workers and workers of color.

“In order for New York to continue being the best place to work, we must create the best protections for our workers — and this legislation will help do exactly that,” Hochul said in a statement.

The statewide measure applies to jobs that “can or will be performed” in New York state “at least in part.” It will be up to the state Department of Labor to come up with rules to implement the law, which could give greater clarity to whether remote jobs for New York companies would be subject to the requirement.

The law will take effect Sept. 17, 2023.

It was sponsored by a pair of New York City Democrats: state Sen. Jessica Ramos of Queens, and Assemblymember Latoya Joyner of the Bronx, both of whom chair their respective houses’ labor committees.

“When employers provide much needed clarity to pay structures and make that information available to employees and jobseekers, we can reduce gender pay inequities by encouraging employers to update antiquated practices that have reinforced patterns of wage discrimination,” Joyner said in a statement.

New York City’s pay transparency law took effect Nov. 1. Early compliance appeared to be mixed, with some companies quickly finding a way around the law by posting wide-ranging swings in salary for the same position.

Under the new state law, any employer that breaks the transparency law could face a penalty of up to $3,000 per violation.

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