Beginning September 17, 2023, employers in New York State with four or more employees (located anywhere) will be required to include the compensation or compensation range for any job, promotion, or transfer opportunity in the job posting. This includes internal postings. Postings must also include a job description, if one exists. These requirements apply even if the job is posted by a third party, like an employment agency or recruiter.
Positions Outside of New York
The compensation and job description posting requirements apply to jobs that will be physically performed in New York (even in part) as well as to positions that are performed outside of New York but report to a supervisor, office, or other worksite in New York.
Good Faith Estimation of Pay
Any compensation range must include a minimum and maximum annual salary or hourly rate and must be provided in good faith, meaning it should be a reasonable estimation of what that particular open position will pay when filled.
As an example, you might pay your administrative assistants anywhere from $35,000 – $150,000 depending on their level of experience and responsibility. If you know you’re looking to fill the currently open administrative assistant position with someone less experienced (and therefore less expensive), you should advertise the range you believe you’ll actually hire in, e.g., $35,000 – $50,000, rather than advertising $35,000 – $150,000. Aside from the fact that this is required for legal compliance, it will benefit you by preventing people from applying who ultimately wouldn’t accept your offer.
If a position is paid on commission only, an employer can comply by stating in the job posting that compensation will be based on commission.
Prepare for Liftoff
New York City has had a similar ordinance in effect since last November (minus the job description aspect), which has likely inspired or required many New York employers to adjust their practices by now. If you haven’t done so, prepare to start including compensation information and job descriptions in job postings by September 17.