Clarification about pay transparency
Amendments to the NYS pay transparency law provide clarification for the legal scope, giving further explanations as to how employers should apply the law.
What about jobs performed outside of New York where the worker reports to a New York supervisor, office or NY site?
The new amendment clarifies that pay transparency also applies for job promotions for workers who physically perform their jobs outside of New York but report to a New York office, supervisor or worksite. Employers should take note that their ads for remote work should take this fact into consideration. Also, it is worthwhile to understand that New York City’s law excludes these types of positions in its local law.
What is the expanded definition of “advertising”?
While no such definition existed prior to the amendment, the amendment adds an expanded definition which includes positions which are “available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” What this means is that advertising would include advertisements that are internal and external as well as electronic and paper.
How have record keeping requirements changed through the new amendments?
Prior to the amendment, employers had to keep and maintain records to comply with the law that included (but were not limited to) the following:
- History of compensation ranges for each job, promotion, or transfer opportunity
- Job descriptions for the above positions
The previous version of the law referred to “necessary records,” which were vague. The new amendment eliminates the above record keeping requirements.
As an employer, do you have legal questions about NYS pay transparency law?
If you have questions about complying with pay transparency or how changes in the law affect your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.