Beginning this Sunday, September 17, 2023, NYS employers with four or more employees are required to list salary ranges for open positions in advertisements, postings, or listings. This includes internal postings for promotions and internal hiring.
The range should show the minimum and maximum annual salary or hourly rates that the employer believes in good faith to be accurate at the time of posting.
The new Pay Transparency Law (FARE Grant) was signed by Governor Hochul on December 21, 2022. A similar law has been in effect in NYC since May 15, 2022, though it did not include internal postings.
Employers theoretically can, and in fact some already have, post a very wide salary range as a way to leave themselves "wiggle room," and so far that has not been challenged in court as being in bad faith. However, the Department of Labor and the state will likely issue further clarifications in the coming months.
For any questions or assistance, contact us.
