Employment Practices (September 13, 2023)

Q: A NY employer (4+ employees) wants to advertise a fully remote position that will report to a supervisor in its NJ office. Must the employer comply with the NY State pay transparency law?

A: The original version of the NY State pay transparency law seemed to apply to NY based positions and fully remote positions because it covered jobs that “can or will be performed, at least in part, in the state of New York.” Recent amendments limit the law to advertisements for opportunities “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 worksite in New York.” Since this position could be performed remotely from anywhere in the world, and there is no requirement that it be performed physically in NY or that it report to a supervisor, office or other work site in NY, there is a strong argument that the NY State pay transparency law does not apply.

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