2023 New York Laws › LAB - Labor › Article 6 - Payment of Wages › 194-B - Mandatory Disclosure of Compensation or Range of Compensation.

§   194-b.   Mandatory   disclosure   of   compensation  or  range  of
compensation. 1. a. No employer, employment agency, employee,  or  agent
thereof  shall  advertise a job, promotion, or transfer opportunity that
will physically be performed, at least in part,  in  the  state  of  New
York,  including  a  job,  promotion,  or transfer opportunity that will
physically be performed outside of New York but reports to a supervisor,
office, or other work site in New York without disclosing the following:
(i) the  compensation  or  a  range  of  compensation  for  such  job,
promotion, or transfer opportunity; and
(ii)  the  job  description  for  such  job,  promotion,  or  transfer
opportunity, if such description exists.
b.  An  employer,  employment  agency,  employee,  or  agent   thereof
advertising for a job, promotion, or transfer opportunity paid solely on
commission  shall maintain compliance with subparagraph (i) of paragraph
a  of  this  subdivision  by  disclosing  a   general   statement   that
compensation shall be based on commission.
2.  No  employer  shall  refuse to interview, hire, promote, employ or
otherwise  retaliate  against  an  applicant  or  current  employee  for
exercising any rights under this section.
3.   The  commissioner  shall  promulgate  rules  and  regulations  to
effectuate the provisions of this section.
4. The department shall conduct a public awareness outreach  campaign,
which  shall  include  making  information  available on its website and
otherwise informing employers of the provisions of this section.
5. a. Any person claiming to be  aggrieved  by  a  violation  of  this
section  may  file  with  the  commissioner  a  complaint regarding such
alleged violation for an investigation of such complaint  and  statement
setting  the  appropriate  remedy, if any, pursuant to the provisions of
section one hundred ninety-six-a of this article.
b. An employer who fails  to  comply  with  any  requirement  of  this
section  or  any  regulation  published  thereunder  shall  be deemed in
violation of this section and shall be subject to  a  civil  penalty  in
accordance with section two hundred eighteen of this chapter.
6. For the purposes of this section the following terms shall have the
following meanings:
a.  "range  of compensation" shall mean the minimum and maximum annual
salary or hourly range of compensation for a job, promotion, or transfer
opportunity that the employer in good faith believes to be  accurate  at
the time of the posting of an advertisement for such opportunity.
b. "employer" shall mean:
(i)  any  person, corporation, limited liability company, association,
labor organization or entity employing four or  more  employees  in  any
occupation,  industry, trade, business or service, or any agent thereof;
and
(ii) any person, corporation, limited liability  company,  association
or  entity  acting  as  an  employment  agent or recruiter, or otherwise
connecting applicants with employers, provided that "employer" shall not
include a temporary help firm as such term  is  defined  by  subdivision
five of section nine hundred sixteen of this chapter.
c.  "advertise"  shall  mean  to make available to a pool of potential
applicants for internal or public viewing, including  electronically,  a
written description of an employment opportunity.
7.   The  provisions  of  this  section  shall  not  be  construed  or
interpreted to supersede or preempt any provisions of local law,  rules,
or regulations.