Your pay rights in New York

New York State Pay Transparency Law (N.Y. Labor Law § 194-b (pay transparency); § 194-a (salary history))

Job posting rules in effect since September 17, 2023

New York employers with four or more employees must list a good-faith pay range (or fixed pay) and a job description in every job, promotion, or transfer ad for work in New York. Employers may not ask about your salary history.

Who is covered

Employers with four or more employees, plus employment agencies and recruiters. It covers ads for jobs, promotions, and transfers that will be done at least partly in New York State. It also covers remote or out-of-state jobs that report to a supervisor, office, or worksite in New York. Occasional trips to New York don't make a job covered. Temp agencies don't have to post pay for temporary placements with other companies, but they do for their own staff. All kinds of ads count: online, print, social media, and emails sent to more than one applicant. Postings by a recruiter or job board on the employer's behalf count. Postings copied without the employer's consent do not.

What a job posting must show

The pay range: the lowest and highest yearly salary or hourly pay the employer honestly believes is accurate when it posts. A single fixed amount is fine. Open-ended ranges like '$20+ an hour' are not allowed.
A separate range for each location or seniority level if one ad covers several
If the job is paid only by commission, a clear statement that pay is based on commission
A job description, if one exists. It can be skipped when the title makes the duties clear.
Benefits, tips, and bonuses may not be counted in the pay range. They may be listed separately.

Pay history

Employers may not ask for your salary history as a condition of an interview, job or promotion, get it from your former employers, or use it to decide whether to hire you or what to pay you. You may choose to share it to negotiate higher pay.

What you can do

You can sue for damages under the salary history law. If you win, you can also get a court order and attorney fees.
File a pay transparency complaint with the NYS Department of Labor, Division of Labor Standards (1-888-52-LABOR). A union or other group can file for you, and anyone can report a violation.
Employers may not refuse to hire or promote you, or retaliate against you, for using your pay transparency rights
For jobs in New York City, you can also report to the NYC Commission on Human Rights

Where to report a posting without pay

New York State Department of Labor, Division of Labor Standards

Under the Labor Law's general penalty section (§ 218), which § 194-b points to, an employer that breaks the pay transparency law can be fined up to $1,000 for a first violation, up to $2,000 for a second, and up to $3,000 for a third or later violation. For salary history violations, you can sue for damages, a court order, and attorney fees.

Sources

The fine amounts come from Labor Law § 218, which § 194-b refers to; § 194-b itself names no amounts. § 194-b gives no private right to sue over postings; violations go to the Labor Commissioner, and no filing deadline is named. The salary history ban (§ 194-a) took effect Jan. 6, 2020, applies to public and private employers of any size, and does allow a lawsuit. The Department of Labor says a remote job is not covered if only the direct supervisor lives in New York while the company and its leadership are elsewhere. No final state regulations or 2025–2026 changes to § 194-b were found as of the last check. New York City has its own, separate pay transparency law.