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Pay transparency and pay equity in New York.

New York pay transparency and salary-history: banned (lab. law §194-a), posting requirements, and remote-worker triggers.

What changes in New York

  • Salary-history rule: Banned (Lab. Law §194-a). Employers may not seek salary history. Effective Sept 2023, all employers with 4+ workers must include pay range in job postings.
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"We post remote roles nationwide — how do we handle pay range disclosure? Focus on New York."

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Practitioner steps for New York

  1. Step 1. Confirm whether New York bans salary-history inquiries — currently banned (lab. law §194-a).
  2. Step 2. Post a good-faith pay range on every NY job posting where required, including remote roles that could be performed in New York.
  3. Step 3. Include benefits and equity where the NY statute or local ordinance requires them alongside the base range.
  4. Step 4. Retain the wage records and job description that support the posted range in case of an enforcement action.

Applicable New York statutes and references

  • NY Gen. Bus. Law §380-j
  • NY Correction Law Art. 23-A
  • NYC Fair Chance Act 2.0
  • Lab. Law §194-a
  • Lab. Law §201-d
  • 15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + New York overlay)

Which states require pay ranges in job postings?

California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Minnesota, Nevada, New York, Rhode Island, Vermont, and Washington all have posting or on-request pay range disclosure statutes, plus several cities with their own rules.

Can I ask an applicant about their current salary?

In many states, no. Salary-history bans in states like California, Massachusetts, New York, and Washington prohibit asking about prior compensation, though applicants can voluntarily disclose.

What is a pay equity audit?

A privileged statistical review of compensation across protected classes for similarly situated employees, used to identify and correct unexplained gaps before litigation.

Related New York topics

Same topic in another state

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.