New York Employers: The NY DOL just issued proposed regulations concerning the New York Pay Transparency Law, which went into effect on September 17.

As a reminder, the law requires New York employers with 4 or more employees to include in advertisements for a job, promotion, or transfer opportunity the minimum and maximum annual salary or hourly range for the role that the employer in “good faith” believes to be accurate, as well as a job description for the position (if one exists).

Among other things, the proposed regulations clarify:

  • the law’s application to postings for positions performed OUTSIDE OF New York
  • what advertisements are covered by the law
  • what range must be included in the advertisements; and
  • the “good faith” standard under the law, and enforcement procedures.

The proposed regulations include an analysis of the “good faith” standard, and provide some helpful insight on how employers can determine a good faith range.

There is a 60-comment period for the proposed regulations, which runs through November 12, 2023. See the full version of the proposed regulations here: 091323.pdf