Everyone in New York State who works in human resources or hiring knows that the New York Pay Transparency Law became effective last autumn. It requires all New York employers with four or more employees to disclose the rate of pay for any jobs that they advertise. Like most statutes, the law provides only basic guidance. It does not provide specifics on what an advertisement is or how rates of pay, or even pay ranges, should be disclosed.
As a result, HR professionals as well as business owners and managers have been waiting for the New York Department of Labor (DOL) to promulgate regulations. Regulations are useful in that they help to implement the laws that the NY Legislature passes. As is required under the State’s Administrative Procedures Act, the DOL notified the public about proposed regulations back on September 13, 2023 and gave the public until November 13, 2023 to submit comments on the proposal.
What happens next is the executive agency – here, the DOL – adopts the regulations in whatever form it sees fit. Sometimes regulations are adopted in their original form – without any changes – and sometimes they’re changed or added to because the public comments convinced the agency to improve the regulations.
As of this writing – in mid-March 2024 – the DOL has not yet promulgated the regulations. When we inquired, we were told that the DOL is still reviewing the comments received during the public comment period, so it can’t tell us when the regulations will be finalized. Nevertheless, even though the regs haven’t yet been promulgated, the DOL encourages individuals to file complaints against employers if they believe the employer isn’t complying with the law. So there’s good reason to concern yourself with the law and ensure compliance.
Once the regulations are finalized, they should provide more guidance for NY employers. Stay tuned to our blog and newsletter for updated information.
In the meantime, if you have questions about pay transparency or other employment law issues, reach out to The Coppola Firm at 716.839.9700 or info@coppolalegal.com. We’re happy to help.
