Effective September 18, 2023, employers will be required to comply with a new pay transparency law for jobs that can be performed, at least in part, in the state of New York.

The law is similar to the pay transparency statutes of New York City (see link), Westchester County and Ithaca in that the New York State law requires employers (and any agent thereof, such as an employment agency) to include a good-faith minimum and maximum pay range with any external job advertisements or internal postings for transfers and promotions, that can or will be performed, at least in part, in New York State.  Unlike the local laws, the state law expressly allows the inclusion of a fixed pay rate or salary, as opposed to a range (although the laws that require a range allow for the minimum and maximum to be the same number).  For a commission-based job, the ad or posting may simply state compensation is by commission. …

Continue Reading New York State Enacts a Pay Transparency Law

Starting February 19, 2023, employers will not be able to discipline employees for certain types of absences.  Section 215 of the New York Labor Law (NYLL) was amended to prohibit employers from taking adverse action against employees for “any legally protected absence under federal, local, or state law,” including “assessing any demerit, occurrence, or any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action.”  Section 215 currently prohibits retaliation against employees who engage in a variety of protected activity, including making complaints about the employer’s violation of any of the provisions of the New York Labor Law, notably including an employer’s pay practices.…

Continue Reading New York State Provides Protection for Use of Leaves of Absence