As of September 17, 2023, New York employers with 4 or more employees must post pay information and a brief job description in any advertising about a job, promotion, or transfer opportunity for a job to be performed in the state. The law also applies to job performed out of New York that reports back to a supervisor in New York. In most cases, employers must post a good faith range of pay that describes the upper and lower bounds that an employer is willing to pay for a given job. For example, if a farm is advertising for an equipment operator with some experience, it might advertise a range of $15 to $22 per hour; assuming that an operator with some experience will be above minimum wage but the farm is not willing to pay more that $22 per hour for this position. Employers can also state a simple pay rate such as $16 per hour or $55,000 per year in salary. Proposed regulations (which are open for comment until November 13 by emailing regulations@labor.ny.gov) for this law indicate that the stated pay rates cannot include any value of benefits such as: tips, insurance, time off, retirement, meals, housing, etc.
A few points to be clear:
- Pay ranges cannot be open-ended, such as: “the pay range is $17 and up.”
- In an employer finds a highly-qualified applicant and needs to pay him or her at a rate higher than the advertised pay range, that is acceptable and still considered “in good faith” by the employer.
- “Advertising” includes simple actions such as sending out an email soliciting for job candidates, or posting on social media. Any means of advertising is covered, including by third parties such as recruiters who are acting on behalf of the employer.
- This law does not require employers to advertise for jobs, promotion, or transfer opportunities. It only requires pay information when the employer chooses to advertise for them.
- The law also “prohibits employers from retaliating against employees who discuss their compensation with coworkers.”
For more information:
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By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution.
The post New York Employers Must Post Pay Rates in Job Ads appeared in The Ag Workforce Journal
