N.Y. LAB Law § 194-B — New York Code / Act LAB / Article 6 / Section 194-B
Mandatory disclosure of compensation or range of compensation
Status: in_force

§ 194-b. Mandatory disclosure of compensation or range of\ncompensation. 1. a. No employer, employment agency, employee, or agent\nthereof shall advertise a job, promotion, or transfer opportunity that\nwill physically be performed, at least in part, in the state of New\nYork, including a job, promotion, or transfer opportunity that will\nphysically be performed outside of New York but reports to a supervisor,\noffice, or other work site in New York without disclosing the following:\n  (i) the compensation or a range of compensation for such job,\npromotion, or transfer opportunity; and\n  (ii) the job description for such job, promotion, or transfer\nopportunity, if such description exists.\n  b. An employer, employment agency, employee, or agent thereof\nadvertising for a job, promotion, or transfer opportunity paid solely on\ncommission shall maintain compliance with subparagraph (i) of paragraph\na of this subdivision by disclosing a general statement that\ncompensation shall be based on commission.\n  2. No employer shall refuse to interview, hire, promote, employ or\notherwise retaliate against an applicant or current employee for\nexercising any rights under this section.\n  3. The commissioner shall promulgate rules and regulations to\neffectuate the provisions of this section.\n  4. The department shall conduct a public awareness outreach campaign,\nwhich shall include making information available on its website and\notherwise informing employers of the provisions of this section.\n  5. a. Any person claiming to be aggrieved by a violation of this\nsection may file with the commissioner a complaint regarding such\nalleged violation for an investigation of such complaint and statement\nsetting the appropriate remedy, if any, pursuant to the provisions of\nsection one hundred ninety-six-a of this article.\n  b. An employer who fails to comply with any requirement of this\nsection or any regulation published thereunder shall be deemed in\nviolation of this section and shall be subject to a civil penalty in\naccordance with section two hundred eighteen of this chapter.\n  6. For the purposes of this section the following terms shall have the\nfollowing meanings:\n  a. "range of compensation" shall mean the minimum and maximum annual\nsalary or hourly range of compensation for a job, promotion, or transfer\nopportunity that the employer in good faith believes to be accurate at\nthe time of the posting of an advertisement for such opportunity.\n  b. "employer" shall mean:\n  (i) any person, corporation, limited liability company, association,\nlabor organization or entity employing four or more employees in any\noccupation, industry, trade, business or service, or any agent thereof;\nand\n  (ii) any person, corporation, limited liability company, association\nor entity acting as an employment agent or recruiter, or otherwise\nconnecting applicants with employers, provided that "employer" shall not\ninclude a temporary help firm as such term is defined by subdivision\nfive of section nine hundred sixteen of this chapter.\n  c. "advertise" shall mean to make available to a pool of potential\napplicants for internal or public viewing, including electronically, a\nwritten description of an employment opportunity.\n  7. The provisions of this section shall not be construed or\ninterpreted to supersede or preempt any provisions of local law, rules,\nor regulations.\n