As we previously reported here and here, effective September 17, 2023, New York State employers with four or more employees will be required to include the minimum and maximum pay range that they reasonably or in “good faith” expect to pay in any advertisement for a job, promotion, or transfer opportunity.

This disclosure obligation applies to internal and external job postings, as well as to jobs that either (i) will physically be performed, at least in part, in New York or (ii) will physically be performed outside of New York, but report to a supervisor, office, or other work site in New York. Employers are also required to provide a written description of the role in the job posting, to the extent one exists.

New York State employers should review and revise their job postings as needed to comply with this law in advance of September 17, 2023. While there is no private right of action under the law, the New York State Department of Labor is authorized to investigate complaints of non-compliance and levy civil penalties against violating employers.