Do you have to post a salary range in New York State job postings?
New York State's pay-transparency law generally requires employers with four or more employees to include a good-faith salary range in job, promotion and transfer postings. Local rules such as New York City's may add requirements.
New York State's pay-transparency law generally applies to employers with four or more employees and requires a good-faith minimum-to-maximum salary range in advertisements for jobs, promotions and transfers performed in the state.
Several New York localities, including New York City, have their own pay-transparency rules that can overlap with the state's. Confirm both the state requirement and any local one that applies to your role.
Risky phrasing
“Account Executive (Albany), base plus commission, range provided on request.”
Compliant rewrite
Account Executive (Albany), $60,000–$75,000 base plus commission. (NY State generally requires a good-faith range in the posting; confirm current rules.)
The law at a glance
- Law
- New York State Pay Transparency LawN.Y. Labor Law § 194-b
- In effect
- September 17, 2023
- Who’s covered
- Private employers with four or more employees, for advertised jobs, promotions, or transfers that will be physically performed at least in part in New York State — or performed elsewhere but reporting to a supervisor, office, or other work site in New York. Employment agencies are generally covered; temporary help firms placing workers with other organizations are not.
- Penalties
- Civil penalties under New York Labor Law § 218 can reach $1,000 for a first violation, $2,000 for a second, and $3,000 for a third or subsequent violation, assessed through the New York State Department of Labor.
What that means for a posting
- Include the pay range — the minimum and maximum annual salary or hourly rate you in good faith believe to be accurate at the time of posting. If you plan to pay a single fixed rate (say, $30 an hour), list that rate instead.
- Don't post open-ended ranges. State guidance is explicit that a range like "$20+ an hour" is not allowed — every range needs both a floor and a ceiling.
- Include the job description when one exists. NYSDOL guidance says employers should create one except in the limited case where the title alone clearly conveys the duties (its example: "dishwasher").
- For commission-only roles, clearly state that compensation is commission-based. That general statement generally satisfies the range requirement for those positions.
- Keep benefits and extras out of the range itself. State guidance says the range should not include insurance, paid leave, retirement contributions, overtime, tips, bonuses, or stock — though employers are encouraged to disclose benefits separately in the posting.
- Post a separate range for each location or seniority level. If one ad covers three plant-manager openings in three counties, NYSDOL expects a distinct range for each.
Remote and out-of-state postings
The law covers jobs physically performed at least in part in New York, plus remote or telecommuting roles — wherever the worker sits — that report to a supervisor, office, or work site in New York State. NYSDOL guidance indicates a fully out-of-state employer whose remote role reports to an out-of-state supervisor is generally not covered, even if that supervisor happens to work from home in New York, and that occasional presence in the state (a meeting or a conference) is not by itself enough to trigger the requirement. A nationwide remote posting that reports into a New York office generally needs a range.
How it’s actually enforced
Enforcement is complaint-driven. Current, prospective, or potential employees and applicants — or organizations acting for them — can file with the New York State Department of Labor's Division of Labor Standards, which investigates; the Labor Commissioner generally weighs factors like the size of the business, good-faith mistakes, violation history, and the gravity of the violation when setting a penalty. Two softening points: the per-violation caps are modest compared with some states, and there is no private right of action under the state law, so applicants generally cannot sue employers directly over a missing range. NYSDOL guidance also says employers are not responsible for postings scraped or re-posted by third-party sites without their consent. Retaliation against someone who exercises rights under the law is prohibited, and postings for New York City roles can also draw separate enforcement by the NYC Commission on Human Rights under the city's own law.
Common follow-ups
Does the law apply to remote jobs or out-of-state employers?+
Often, yes. A remote role is generally covered if it reports to a supervisor, office, or other work site in New York — regardless of where the employee lives. State guidance suggests a company with no New York operations whose remote hire reports to an out-of-state supervisor is generally outside the law, and occasional trips into the state (a conference, a meeting) don't by themselves trigger it. When in doubt, including a range is the safer posture.
Do internal promotions and transfers need a posted range?+
Generally yes, when they're advertised. The law defines "advertise" to include written descriptions made available to a pool of potential applicants for internal or public viewing, including electronically — so an internal job board or a group email generally counts. That said, NYSDOL guidance notes the law does not require employers to create a posting for every opening; it applies once you choose to advertise.
Do bonuses, commissions, or benefits go in the range?+
No — the range should be base pay only. NYSDOL guidance says the range should not include insurance, paid leave, retirement contributions, overtime, tips, bonuses, or stock, though employers are encouraged to list benefits separately. Commission-only roles can instead state clearly that pay is commission-based. Note: a "Benefit Transparency Act" bill (S5990) that would require benefits and bonus disclosure passed the State Senate in June 2026 but, as of this writing, is still pending in the Assembly and is not law.
Who enforces the law — and can an applicant sue me over a posting?+
The New York State Department of Labor enforces it, through its Division of Labor Standards, based on complaints from applicants, employees, or others. The state law does not create a private right of action, so applicants generally cannot sue directly — the exposure is civil penalties that can reach $1,000 for a first violation, $2,000 for a second, and $3,000 for a third or later one.
Are staffing agencies and temp firms covered?+
It's split. Temporary help firms are exempt when advertising to place workers with other organizations — they're instead subject to separate, pre-existing wage-disclosure requirements for those placements. But a temp firm hiring for its own staff (NYSDOL's example: its own executive director) generally must post a range, and an employer recruiting workers through a temp firm generally must include a range too. Employment agencies and recruiters posting on an employer's behalf are generally covered.
My posting is for a New York City role — do I follow the city or state law?+
Generally both. New York City's pay-transparency law (enforced by the NYC Commission on Human Rights) applies alongside the state law for roles that can be performed in the city, and a few other localities such as Westchester County have had their own rules. Complying with whichever requirement is stricter on each point is the usual approach; confirm the current city and state rules with counsel.
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Audit my job post freeSources
- NYSDOL — Pay Transparency (official agency page)
- NYSDOL — Pay Transparency Law for Employers fact sheet (P687)
- NYSDOL — Pay Transparency Act Frequently Asked Questions
- NY Senate — Labor Law § 194-b statute text
- NY Senate — Labor Law § 218 statute text (penalty tiers)
- Cole Schotz — New York Passes Statewide Pay Transparency Law
- Jackson Lewis — New York State Amends Pay Transparency Law
- Littler — New York State Proposes Regulations for Pay Transparency
- NY Senate — S5990C Benefit Transparency Act (bill status)
Last reviewed July 8, 2026. Laws change — always confirm current rules for your jurisdiction.FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.