New York State's Pay Transparency Law generally requires private employers with four or more employees to include a good-faith salary or hourly pay range in advertisements for covered jobs, promotions and transfers. The rule applies to opportunities performed at least partly in New York and to certain roles performed outside New York that report to a supervisor, office or other worksite in New York. Covered advertisements must also include a job description when one exists or is needed to explain the role, and employers must state when compensation is commission-based.
Jurisdiction: New York State, United States
New York State Uses a Four-Employee Coverage Threshold
New York Labor Law Section 194-b generally applies to private employers with four or more employees. Covered employers must provide pay information when they advertise a job, promotion or transfer opportunity. The law does not require an employer to create an advertisement for every opening, but once a covered opportunity is advertised, the required compensation information must be included. Employers should distinguish this statewide threshold from other New York employment laws and from local rules. A role in New York City, for example, can be subject to both the statewide statute and the New York City Human Rights Law.
Covered Opportunities Include Jobs, Promotions and Transfers
The New York rule is not limited to external recruiting. Advertisements for jobs, promotions and transfer opportunities can all be covered. The Department of Labor interprets advertisement broadly across media, including websites, social media, printed materials, emails to a pool of applicants and other communications publicised to more than one person. Third-party postings made on an employer's behalf are also covered. Employers are not generally responsible for postings that are scraped or automatically republished by a third party without their knowledge or consent, which makes control over authorised recruitment channels an important compliance distinction.
Remote Roles Can Be Covered Even Outside New York
New York's geographic rule extends beyond jobs physically performed inside the state. A job, promotion or transfer opportunity physically performed at least partly in New York is covered. A role performed outside the state can also be covered if it reports to a supervisor, office or other worksite in New York. The Department of Labor expressly applies this rule to remote and telecommuting opportunities. By contrast, occasional physical presence in New York for a meeting or conference does not by itself make the job one that is performed in New York. Employers should therefore identify reporting relationships as well as work location before publishing remote roles.
The Range Must Include a Minimum and Maximum or a Fixed Rate
A covered posting must include the minimum and maximum annual salary or hourly compensation the employer believes in good faith to be accurate when the posting is published. If the employer genuinely intends to pay one fixed rate, the posting can state that single amount. Open-ended formulations such as a minimum followed by 'and up' do not satisfy the Department of Labor's guidance because they do not identify the upper end of the range. Employers should therefore approve a real compensation interval before publication and update the posting when the intended range materially changes.
Job Descriptions and Commission Status Also Matter
New York requires more than the numerical pay range in some postings. Advertisements must contain the job description where one exists or where the title alone does not clearly convey the duties. The law also requires employers to state when a position is commission-based. The Department of Labor permits employers to provide additional benefits or compensation information as long as it is clear that those amounts are separate from base pay. This distinction matters for tipped, commissioned or bonus-eligible roles because an employer should not combine uncertain variable amounts with base wages in a way that obscures the actual salary or hourly range.
New York City Can Add a Second Layer of Compliance
A New York State-compliant posting is not automatically the end of the analysis when the opportunity can be performed in New York City. The city has its own salary transparency provision under the New York City Human Rights Law and a separate enforcement agency. State guidance expressly notes that New York City opportunities may be covered by both regimes. Employers recruiting in the city should therefore run a dual check rather than assuming the statewide rule displaced the local one. The overlap is particularly important for covered-worker definitions, enforcement and the scope of the city's Human Rights Law.
Frequently Asked Questions
How many employees trigger New York State's pay transparency law?
The statewide law generally applies to private employers with four or more employees.
Does New York's law cover remote jobs?
Yes in specified circumstances, including roles performed outside New York that report to a supervisor, office or other worksite in New York.
Can a New York salary range be open-ended?
No. State guidance requires a minimum and maximum, unless the employer genuinely intends to pay one fixed rate.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.