Job hunting can feel frustrating when an employer tells you about a position but won’t say how much it pays. You may spend time preparing a résumé, attending interviews, and discussing your experience, only to discover that the salary is far below what you expected.

New York’s Pay Transparency Law was created to make that process more open. Under New York Labor Law § 194-b, covered employers must include compensation information in advertisements for jobs, promotions, and transfer opportunities. The law took effect on September 17, 2023, and continues to apply in 2026.

For workers and job seekers, the law provides useful information before they decide whether an opportunity is worth pursuing.

What Is New York’s Pay Transparency Law?

New York’s pay transparency law requires covered employers to provide a minimum and maximum salary or hourly rate when advertising covered job opportunities.

The law generally applies to private employers with four or more employees. It covers advertised:

• Job opportunities
• Promotions
• Transfers

The position must generally be performed at least partly in New York, or, in certain circumstances, be performed outside New York while reporting to a New York supervisor, office, or worksite.

The goal is fairly simple: workers should have a better idea of what a job pays before deciding whether to pursue it.

What Should Be Included in a Job Posting?

A covered job advertisement generally needs to include a range of pay.

For example:

Marketing Coordinator — $55,000–$68,000 per year

Or:

Administrative Assistant — $24–$29 per hour

The range must represent the minimum and maximum compensation the employer believes in good faith it is willing to pay when the advertisement is posted.

An employer cannot simply write:

“$25 per hour and up”

An open-ended range like that does not satisfy the state’s pay-range requirement.

Does the Law Apply to Remote Jobs?

Yes, potentially.

This is particularly important because remote work has become common.

The New York Department of Labor states that the law can apply when a remote employee works outside New York but reports to a supervisor, office, or worksite in New York.

So working from home does not automatically mean a position falls outside New York’s pay transparency requirements.

The exact working arrangement still matters.

Does Every Employer Have to List a Salary?

The statewide law generally applies to private employers with four or more employees.

There can also be additional requirements under New York City or other local laws, depending on where the job is located.

That’s why employees should look at both state and local requirements when evaluating a particular job posting.

Does the Employer Have to Advertise Every Job?

No.

The law does not require an employer to create an advertisement for every job, promotion, or transfer opportunity. An employer may promote or transfer an employee without creating a covered advertisement.

But if the employer chooses to advertise a covered opportunity, the required compensation information generally needs to be included.

What Does “Good Faith” Mean?

The salary range isn’t supposed to be a meaningless number designed to satisfy the law.

New York requires the employer to provide a range it believes in good faith to be accurate when the position is advertised.

An employer may consider factors such as:

• Hiring budget
• Current employee compensation
• Experience
• Education
• Market conditions
• Qualifications expected for the position

A very broad range that doesn’t give applicants a meaningful idea of what the employer actually intends to pay may raise compliance concerns.

Can an Employer Change the Salary Range?

Yes, circumstances can change.

New York Department of Labor guidance explains that an employer can adjust a range in good faith after obtaining additional information during the hiring process.

For example, an employer may discover that it needs to increase its hiring budget to attract qualified candidates.

That doesn’t mean an employer can simply use an intentionally misleading salary range.

Does the Pay Range Include Benefits?

Not usually.

The required pay range refers to salary, hourly compensation, or applicable piece-rate compensation. Benefits such as health insurance, retirement contributions, paid vacation, and similar benefits are not included in the salary range.

Employers can provide information about benefits separately.

For example:

$70,000–$85,000 annually + health insurance + 401(k) + paid vacation

That gives applicants a clearer picture of the overall compensation package.

What About Bonuses and Commissions?

Bonuses, commissions, tips, and other forms of compensation are generally not included within the required salary range.

However, employers may provide that information separately.

If a position is entirely commission-based, the employer must clearly state that in the advertisement.

This distinction can be important for sales jobs and other positions where a large portion of compensation comes from commissions.

Can an Employer Ask About Your Previous Salary?

New York has a separate salary history law that is also important.

Under Labor Law § 194-a, employers generally cannot ask applicants about their current or previous salary, compensation, or benefits. Employers also generally cannot rely on salary history when deciding whether to interview, hire, or determine compensation.

An employer can instead ask about your salary expectations.

For example:

Employer: “What were you making at your last job?”

That can raise a salary-history issue.

But:

Employer: “What salary range are you looking for in this position?”

is generally a different question.

Can Current Employees Benefit From Pay Transparency?

Yes.

Pay transparency isn’t only useful for people searching for a new job.

It can also matter when an employer advertises:

• Promotions
• Transfers
• Internal opportunities

New York’s law covers advertised promotion and transfer opportunities, giving eligible employees more information about compensation before pursuing an internal position.

This can make it easier for employees to understand whether moving into another role could actually result in a meaningful pay increase.

Can Employees Discuss Their Pay?

New York also provides protections concerning employees discussing compensation.

The New York Department of Labor states that employers are prohibited from retaliating against employees who discuss compensation with coworkers.

This is important because pay discussions can help workers identify potential wage disparities.

For example, if several employees discover that people doing substantially similar work are being paid very differently, they may have questions about whether the difference is legitimate.

What If the Job Posting Has No Salary Range?

If a covered employer advertises a position without the required compensation information, that may be a violation of New York’s Pay Transparency Law.

Employees and applicants who believe the law has been violated can file a complaint with the New York State Department of Labor.

Before making a complaint, consider saving a copy or screenshot of the job advertisement.

That can be especially useful if the posting is later edited or removed.

What Evidence Should You Save?

If you believe an employer isn’t following pay transparency requirements, preserve evidence.

Useful information may include:

• Screenshot of the job advertisement
• Date you saw the posting
• Company name
• Job title
• URL of the posting
• Recruiter communications
• Emails
• Text messages
• Salary information discussed during interviews
• Information about whether the job was remote
• Promotion or transfer announcements

Don’t alter the original evidence.

What If the Employer Gives You a Different Salary Than the Posted Range?

The posted range represents what the employer believed in good faith it was willing to pay when the advertisement was posted. It does not necessarily guarantee that every applicant will receive the maximum number shown.

An employer may consider legitimate factors such as experience, education, and qualifications when determining where someone falls within the range.

For example:

Posted range: $60,000–$80,000

A candidate with limited experience might receive an offer toward the lower end, while someone with extensive experience may receive an offer closer to the upper end.

The important issue is whether the employer is following the law and making compensation decisions lawfully.

What If an Employer Retaliates?

Employees and applicants have protection against certain retaliation connected with exercising rights under the pay transparency law.

New York’s Department of Labor specifically states that the law prohibits retaliation against employees or applicants who request required pay information.

Retaliation could potentially involve actions such as:

• Termination
• Demotion
• Reduced hours
• Unfavorable treatment
• Withdrawal of an opportunity

The facts of each situation matter.

How Does Pay Transparency Help Workers?

At its simplest, salary transparency gives workers information before they invest significant time in a hiring process.

Imagine applying for a position that sounds perfect. You complete three interviews and receive an offer—only to discover that the employer is offering $15,000 less than you expected.

A posted salary range can help avoid that situation.

It can also:

• Make salary negotiations easier
• Help applicants compare opportunities
• Give employees more information about promotions
• Make compensation differences easier to identify
• Encourage employers to evaluate pay more consistently

New York’s Department of Labor describes the law as part of the state’s effort to promote transparency and address wage disparities.

Frequently Asked Questions

1. Does every New York job posting need a salary range?

Covered employers generally must include compensation information in advertisements for covered jobs, promotions, and transfers. The statewide law generally applies to private employers with four or more employees.

2. Can a company post “$50,000 and up”?

No. New York requires a minimum and maximum range when a range is used. An open-ended statement such as “$50,000 and up” is not an acceptable pay range.

3. Can employers ask what I earned at my previous job?

Generally, no. New York’s salary-history law prohibits employers from asking applicants about prior salary and compensation information, subject to the law’s specific provisions.

4. Does pay transparency apply to promotions?

Yes. Advertised promotion and transfer opportunities are covered by New York’s Pay Transparency Law.

5. What can I do if an employer violates the pay transparency law?

You can preserve the job advertisement and related communications and consider filing a complaint with the New York State Department of Labor.

Final Thoughts

New York’s pay transparency rules give employees and job seekers more information about compensation before they make important career decisions.

For covered opportunities, employers generally need to provide a good-faith minimum and maximum salary or hourly rate, and the requirement can apply to jobs, promotions, transfers, and certain remote positions.

Workers should also remember that New York has a separate salary-history law, which generally prevents employers from asking applicants about previous compensation.

If you encounter a job advertisement that appears to violate the law, save a copy of the posting and related communications. If necessary, you can contact the New York Department of Labor or speak with an employment attorney about your options.