Legal Analysts

Showing posts with label 12 NYCRR 194. Show all posts
Showing posts with label 12 NYCRR 194. Show all posts

Wednesday, September 13, 2023

Pay Transparency in Job Applications Regulation Proposed in NY

The New York Department of Labor has proposed a new rule intended to increase pay transparency in accordance with Labor Law 194-b, which statute (not the new rule) first becomes effective 9/17/2023. 

Key Proposals:

·       Employers are now required to include a range of compensation on job postings.

·       The rule would not apply to government agencies or “Temporary Help Firms”.

·       The Range of Compensation cannot be open ended, i.e. “$20 per hour and up”, it needs a "good faith" minimum and maximum. Good faith means the amount the employer legitimately believes they are willing to pay a successful applicant at the time the job is posted. 

·       Any current or potential employee affected by a violation can file a complaint under the proposed rule, as can the Commissioner of the Department of Labor. 


Why it Matters:

·       The range of compensation can’t include other forms of compensation; i.e., $18 per hour plus $10 per hour in expected tips cannot be posted as $28 per hour. This is good for employees because it reduces the risk of employee exploitation.

·       The rule is not overly restrictive for employers; it allows them to adjust the range of compensation after collecting additional information through the hiring process.

·       The rule is a good effort at striking a balance between the rights and needs of employees and employers. 


Public comment can be made until November 12, 2023 at email: