Yes. Under New York Labor Law Section 194-b, employers with four or more employees must list a good-faith salary or wage range, and a job description if one exists, in every posting for a job, promotion, or transfer opportunity performed at least in part in New York State, or that reports to a New York supervisor or office.
What Does New York's Pay Transparency Law Require?
New York State's pay transparency law, codified at Labor Law Section 194-b, took effect on September 17, 2023. The New York State Department of Labor confirms that Labor Law Section 194-B requires New York State businesses with four or more employees to provide job descriptions and list compensation ranges for designated job opportunities, promotions, and transfers. These ranges can consist of either the minimum and maximum annual salary or the hourly compensation believed to be accurate at the time of posting, and employers must also clearly state if a position is commission-based.
The original bill was signed by Governor Kathy Hochul in December 2022 and was later amended in March 2023 to clarify how it applies to remote and out-of-state roles and to eliminate certain recordkeeping requirements. The result is a rule that reaches beyond employees who physically sit in a New York office: any remote or telecommuting opportunity that reports to a supervisor, office, or worksite in New York is covered, regardless of where the employee physically works.
Which Employers Must Comply With Section 194-b?
The threshold is four or more employees, and the law applies regardless of business form, covering individuals, corporations, limited liability companies, associations, and labor organizations, as well as employment agencies and recruiting firms. Temporary staffing agencies are excluded. The statute does not specify where those four employees must be based, so multi-state employers with a small New York footprint can still be in scope. Job advertisements posted directly by the employer or through a third-party platform are covered, though employers are not responsible for postings that are scraped or automatically aggregated by a third party without their knowledge or consent.
Does New York City Have a Separate Pay Transparency Rule?
Yes. New York City enacted its own salary transparency law under the NYC Human Rights Law, and the NYC Commission on Human Rights confirms it became effective November 1, 2022 and requires employers to include a good faith pay range in all job advertisements. Because the state and city rules overlap but are not identical, employers hiring for roles performed in the five boroughs need to satisfy both.
| Feature | New York State (Labor Law 194-b) | New York City (NYC Human Rights Law) |
|---|---|---|
| Effective date | September 17, 2023 | November 1, 2022 |
| Employer size threshold | 4 or more employees | 4 or more employees (including owners and independent contractors), with at least one based in NYC |
| Job description required | Yes, if one exists | Not required |
| Commission disclosure | Required (for commission-only positions) | Not required |
| Enforcement agency | NY Department of Labor | NYC Commission on Human Rights |
| Private right of action | No express provision | Yes, current employees may sue their current employer |
| First-violation cure period | No | Yes, within 30 days of notice from the Commission |
What Happens If an Employer Fails to Comply?
Enforcement of the state law sits solely with the New York State Department of Labor, which can impose civil penalties on noncompliant employers. Under Labor Law Section 218, those penalties are capped at one thousand dollars for a first violation, two thousand dollars for a second violation, and three thousand dollars for third and subsequent violations. Gibson Dunn's analysis of the statute confirms that the State law does not give employers an opportunity to cure a first violation before a penalty is imposed. The State law also does not expressly provide for a private right of action, while the separate NYC law allows a current employee to sue their current employer.
The statute does not specify whether each noncompliant posting counts as a separate violation, but employers running high-volume hiring campaigns should still take particular care, since a template or job board integration issue can create noncompliance across many postings at once.
Employees and applicants also have a direct complaint channel. The New York State Department of Labor confirms that any current, prospective, or potential employee or applicant who claims to have experienced a violation can file a complaint, and that organizations or unions representing them may also file on their behalf. The law separately prohibits employers from retaliating against anyone who exercises these rights, including anyone who simply requests salary range information.
How Can Employers Build a Compliant Job Posting Process?
Most enforcement risk traces back to informal hiring habits, not bad intent: a hiring manager copies last year's posting, a recruiter reposts on a job board without updating the range, or a placeholder like "negotiable" slips through. A short, repeatable checklist closes most of that gap.
- Confirm whether the role is physically performed in New York, or reports to a New York supervisor or office, before deciding coverage.
- Post a real minimum and maximum, not a placeholder range like $1 to $1,000,000.
- Attach the existing job description whenever one exists, for both external ads and internal promotion or transfer notices.
- Flag commission-based roles explicitly rather than folding commission into a vague range.
- Audit third-party job boards and applicant tracking systems for any auto-generated postings that drop the range.
- Train recruiters and hiring managers never to retaliate against a candidate or employee who asks about the range.
FAQ
Does the New York pay transparency law apply to remote jobs?
Yes. Trusaic's compliance guide confirms that New York's law also applies to job opportunities performed outside of New York State that report to a supervisor or office in New York State, and that any remote or telecommuting opportunity reporting to a New York supervisor, office, or worksite is covered regardless of where the employee is physically located.
How many employees trigger New York's pay transparency law?
The threshold is four or more employees. The New York State Department of Labor confirms the law applies to employers with four or more employees who must include job descriptions and compensation ranges in postings for jobs, promotions, and transfers.
What is the penalty for violating New York's pay transparency law?
Civil penalties are capped at $1,000 for a first violation, $2,000 for a second violation, and $3,000 for third and subsequent violations, and Gibson Dunn's legal analysis confirms the State law does not give employers a chance to cure a first violation before that penalty attaches.
Can an employee sue their employer under New York's state pay transparency law?
No, not under the state statute. The State law does not expressly provide a private right of action for a violation. The separate New York City law, by contrast, permits a current employee to file a civil lawsuit against their current employer; applicants cannot sue, though they may file a complaint with the NYC Commission on Human Rights.
Is New York City's pay transparency law the same as the state law?
No. They overlap in covering employers with four or more employees and requiring good-faith salary ranges, but the NYC law took effect earlier, on November 1, 2022, and allows employee lawsuits, while the state law's sole enforcement path runs through the New York State Department of Labor.
Not sure whether your job postings, promotion notices, or internal transfer listings satisfy both the state and city rules? OptiMaxWork AI can generate a verified compliance answer for your specific posting in minutes. Check your own postings with a 7-day free trial. Start your 7-day free trial
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Laws and enforcement guidance change frequently; confirm current requirements with the New York State Department of Labor, the NYC Commission on Human Rights, or licensed counsel before acting.
References:
- New York State Department of Labor, "Pay Transparency" (dol.ny.gov/pay-transparency), captured 2026-08-28
- Gibson Dunn, "New York State Enacts Pay Transparency Law," captured 2026-08-28
- Trusaic, "U.S. New York Pay Transparency Law Guide," captured 2026-08-28
- NYC Commission on Human Rights, "Salary Transparency in Job Advertisements" (nyc.gov/site/cchr), captured 2026-08-28
- Cole Schotz, "New York Passes Statewide Pay Transparency Law and New Electronic Workplace Posting Requirements," captured 2026-08-28
- Ogletree Deakins, "Reminder for Employers, New York Statewide Pay Transparency Law Takes Effect," captured 2026-08-28