Pay transparency law in New York: what SMBs must put in a job posting (2026)
Yes. If you have 4 or more employees, New York requires you to include a good-faith salary or pay range in any advertised job, promotion, or transfer that will be performed — even partly — in New York. It also covers remote roles that report to a New York office.
The rule, in plain English
New York's statewide Pay Transparency Law (New York Labor Law §194-b) took effect on September 17, 2023. It applies to private employers with four or more employees and covers job advertisements, promotions, and transfer opportunities.
- Who it covers: any role performed at least partly in New York State — including hybrid and remote roles that report to a New York office, supervisor, or work site.
- What you must disclose: the minimum and maximum annual salary or hourly rate you believe in good faith to be accurate at the time of posting. A single fixed rate (e.g., "$25/hour") is acceptable when there's no range.
- Commission roles: the posting must clearly state if the position is commission-based.
- No retaliation: you can't retaliate against an applicant or employee for asking about pay information.
- Recordkeeping: keep records of the pay ranges and job descriptions you used.
What happens if you don't
The New York State Department of Labor enforces the law and can assess civil penalties per violation — commonly cited as up to $1,000 for a first violation, $2,000 for a second, and $3,000 for a third. Confirm current amounts and process on the state's official FAQ before relying on these figures.
What to actually put in the job description
You don't need legalese — you need an honest range and a couple of required notes. Drop a line like this near the top or bottom of the posting:
Compensation: $70,000–$95,000 per year, depending on experience and location within New York. This role is not commission-based. TranscendByDesign is an equal-opportunity employer.
For an hourly role, the same idea: "Pay: $24–$30/hour." If pay is partly commission, say so explicitly.
NYC had its own salary-disclosure rule (Local Law 32) in effect since November 1, 2022, before the state law. If you're hiring in NYC, you're covered by both — the state range requirement satisfies the core obligation, but NYC employers should confirm any city-specific posting details.
Frequently asked questions
Does the NY pay transparency law apply to small businesses?
Yes — the threshold is just four employees, so most small businesses that hire in New York are covered.
Do remote jobs need a salary range?
If the remote role will be performed at least partly in New York, or it reports to a New York office or supervisor, the range is required.
Can I post a single number instead of a range?
Yes. If the pay is a fixed rate with no range, posting that single good-faith figure is acceptable.
Do I have to include benefits or bonuses?
The law's core requirement is the salary or hourly range. You must also note if the role is commission-based. Benefits aren't required in the posting, though many employers add them to attract candidates.
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Write a compliant NY JD →This page is general information, not legal advice, and TranscendByDesign is not a law firm. Pay-transparency rules change and have nuances this summary doesn't cover. Confirm your obligations against the official New York State Department of Labor guidance — dol.ny.gov/pay-transparency and its FAQ — or with employment counsel before posting.