Legal Media Analysts

Showing posts with label wage discrimination. Show all posts
Showing posts with label wage discrimination. Show all posts

Monday, June 06, 2022

NY Statewide Salary Transparency Law Coming Soon

All companies hiring on work that can be performed in NY will soon need to advertise the job's compensation / wages. 

A10477 has passed both houses of the NYS Congress and once signed by the Governor, it will go into effect 270 days later. 

Interestingly, the law is very broadly written where it applies to advertising "a job, promotion, or transfer opportunity that can or will be performed, at least in part, in the state of New York." Notice the word can in there. Theoretically, this will make all remote work opportunities around the world be subject to this law. 

The law, Labor Law 194-b, will require disclosure of both a job description and a range of compensation. Plus, employers will be required to keep records to prove compliance and there are big penalties for violations.

According to the bill's justification, the purpose of this law is to stop wage discrimination, which is a noble pursuit at prevention. Nonetheless, victims of wage discrimination should bring claims under the Federal Equal Pay Act (FLSA), Title VII of the Civil Rights Act, and the NYS / NYC Human Rights Law because they deserve compensation and these laws will get them paid!

Thursday, July 11, 2019

New York State Enacts Pay Equity Legislation Creating Potential Exposure to All Employers

On July 10, 2019, Governor Cuomo signed two pieces of legislation into law aimed at curbing wage discrimination in the workplace. As a result, all employers in New York State must train managers, and human resources employees and immediately modify hiring, promotion and pay practices to ensure compliance with these new laws and avoid substantial exposure.

The first law, S5248B, amends the Labor Law to prohibit employers from paying an employee a lower wage based on any protected class (The Labor Law previously only prohibited differential pay based on sex). The new law also makes it easier for an employee to prove wage discrimination. Employers were previously only required to provide employees equal pay for "equal work" performed under "similar working conditions." The new lower standard requires the employer to pay employees for "substantially similar work when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions."

The second law, S6549, prohibits employers from asking a job applicant or employee about their salary history and considering salary history in hiring or other employment decision even if the individual voluntarily discloses his or her salary history. An employer may only confirm an applicant or employee's salary history if in response to an offer, the individual discloses his or her salary history to negotiate a higher salary.