Dealing with state-level employment laws can be challenging, mainly if some provisions only apply to specific types of employers based on their size and nature. For example, New York’s pay transparency law covers companies that meet certain conditions, requiring compliance only for eligible employers. It can be vital to understand this policy fully because it can impact how an employer advertises open job positions and hires potential employees.
This law requires qualified employers to include adequate pay-related information in job promotions, including pay amounts indicated in ranges. These practices are necessary for companies that meet the following conditions:
- The employer has at least four employees.
- Part of or the entire job will happen within the state.
- The job is for an employee out of state who will report to a superior in New York.
- The company’s job posting is for external and internal promotion, including diverse media from publication advertisements to online posts.
This law may also have some limitations, depending on the situation. If the open job position will only go to New York for meetings, conferences or other work-related events, this policy may not cover it. This amount of activity within the state may not be enough for this law to take effect.
Complying with state law appropriately
Aside from eligibility conditions, the state’s pay transparency law may have other restrictions regarding how employers can promote their job openings. In addition to advertisements run by the company directly, posts made by third parties for the same positions may also become covered by this policy.
To ensure compliance, employers should pay close attention to how they communicate open job positions within the organization and to the public. Before making any posts, it can also be helpful to seek legal counsel first. By doing so, employers can comply appropriately and avoid practices that may have legal consequences.
