As of September 17, 2023, New York State employers with four or more employees will face a new requirement when advertising job opportunities. This update mandates that employers include both the minimum and maximum pay range they reasonably or in "good faith" expect to offer for the position in question. This rule applies not only to external job postings but also to internal announcements for job openings, promotions, or transfer opportunities.

Here's a quick rundown of what you need to know:

Scope of the Disclosure Obligation:

1. Location Doesn't Matter: Whether the job will be performed in New York or reported to a New York-based supervisor, office, or work site, this disclosure requirement applies. Even if the role will be performed outside of New York, it falls under this law's purview if it has ties to the state.

2. Written Role Description: If a written description of the job exists, it must be included in the posting.

Immediate Action Required:

New York State employers must take proactive steps to ensure compliance with this new regulation. Review and revise your job postings as necessary to incorporate the minimum and maximum pay ranges. This ensures that you are prepared for the September 17, 2023 deadline.

Consequences of Non-Compliance:

While there is no provision for private legal action under this law, it's essential to take the disclosure requirement seriously. The New York State Department of Labor has the authority to investigate complaints of non-compliance and impose civil penalties on employers who do not meet the standards outlined in the regulation.

In summary, New York State employers should make it a priority to update their job postings to align with these new requirements. This not only helps you stay in compliance with the law but also demonstrates a commitment to transparency and fairness in your hiring and promotion practices.

Stay tuned for more updates on labor and employment laws that impact your business.