New York

Generally, the law requires equal pay for substantially similar work based on any protected characteristic under the New York State Human Rights Law, including gender, age, race, creed, color, national origin, sexual orientation, and gender identity or expression.^[1]

a. Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system, merit system, a system which measures earnings by quantity or quality of production, geographic region (no larger than a county), and a bona fide factor other than the protected characteristic (such as education, training, or experience).^[2]  

b. Retaliation: Employers cannot discharge, expel, or discriminate against you if you decide to file a complaint, testify, or assist in a proceeding.^[3]

^{[1] N.Y. Lab. Law § 194.}

^{[2] N.Y. Lab. Law § 194.}

^{[3] N.Y. Lab. Law § 215.}

‍

Yes. The law in New York State covers all protected categories (not just gender), it requires equal pay for “substantially similar work” instead of equal pay for “equal work,” and it narrows the broadest affirmative defense. The law replaces the broad “any factor other than sex” with “a bona fide factor other than sex,” which must be job-related and consistent with business necessity.

‍

Yes. Under New York State’s pay transparency law, all employers with 4 or more employees must provide the compensation range and job description (if one exists) in any advertisement for a job, promotion or transfer opportunity.^[1] Failure to comply can result in civil penalties. A similar law has also been in effect in New York City since November 2022.^[2]

^{[1] N.Y. Lab. Law  § 194-b.}

^{[2] N.Y.C. Admin. Code § 8-107.}

^‍

Yes. Employers cannot seek, request, or rely upon your wage or salary history when determining whether to offer you employment or when determining your salary.^[1] However, employers may confirm wage or salary history you voluntarily disclose as part of a request to seek higher compensation.^[2] Employers may inquire about your salary expectations and consider current employee compensation already known to them.^[3]

^{[1] N.Y. Lab .Law § 194-a.}

^{[2] N.Y. Lab. Law § 194-a.}

^{[3] Salary History Ban - What You Need To Know, N.Y. Sᴛᴀᴛᴇ, https://www.ny.gov/salary-history-ban/salary-history-ban-what-you-need-know (last visited Jan. 28, 2022).}

‍

Yes. Employers cannot prevent you from inquiring about, discussing, or disclosing your wages or the wages of another employee.^[1] However, your employer can have a written policy provided to all employees establishing workplace and workday limitations on the time, place, and manner in which you do so.^[2]

^{[1] N.Y. Lab. Law § 194.}

^{[2] N.Y. Lab. Law § 194.}

‍

No. Private employers currently do not have to report gender-based pay data under state law, however, contractors and their subcontractors on certain state contracts are required to submit pay data based on demographics (sex, race, and ethnicity).^[1]

^[1] N.Y. Exec. Order No. 162 (Jan. 9, 2017), https://www.governor.ny.gov/sites/default/files/atoms/files/EO_162.pdf.

‍

Yes. The New York minimum wage is above the federal minimum wage and is scheduled to increase annually until 2026, at which point it will be tied to inflation, with certain limitations.^[1] Employers who violate minimum wage requirements are liable for restitution and penalties, including liquidated damages.^[2]

^{[1] N.Y. Lab. Law § 652.}

^{[2]N.Y. Lab. Law § 663.}

^‍

‍

No. Employers can pay certain tipped workers in the hospitality industry less than minimum wage.^[1] New York State eliminated the tipped wage for “miscellaneous industries,” including car wash attendants, nail salon workers, and hairdressers.^[2]

^{[1] Minimum Wage for Tipped Workers, N.Y.Sᴛᴀᴛᴇ Dᴇᴘ’ᴛ of Lᴀʙ., https://dol.ny.gov/minimum-wage-0 (last visited Jan. 28, 2022).}

^{[2] 12 NYCRR § 142-2.21.}

‍

‍

Yes. Employers are required to pay workers at least semi-monthly.^[1] Manual workers and railroad workers are to be paid weekly and commission salespersons are to be paid at least monthly.^[2]

^{[1] N.Y. Lab. Law § 191.}

^{[2] N.Y. Lab. Law § 191.}

‍

Yes. Employers are required to give written notice of wage rates to an employee upon hire that includes various wage information, including rate(s) of pay, overtime rate, how the employee is paid, their regular payday, and allowances taken as part of the minimum wage (tips, meal, and lodging deductions).^[1]The notice must be given both in English and in the employee’s primary language).^[2]  Employers must also provide a wage statement each pay day.^[3] Employers who fail to comply with these requirements are subject to damages.

^{[1] N.Y. Lab. Law § 195.}

^{[2] N.Y. Lab. Law § 195.}

^{[3] N.Y. Lab. Law § 195.}

‍

Yes. Employers must pay most employees overtime pay at a rate of at least time and a half for hours worked beyond 40 in a workweek.^[1] The state law covers occupations excluded from federal protections under the Fair Labor Standards Act.

^{[1] 12 N.Y.C.C.R. § 144.22.}

Yes. Employees subject to wage theft are entitled to restitution of wages and employers that fail to pay wages are subject to various penalties, including enhanced penalties of damages on up to 100 percent of unpaid wages.^[1] Employers are prohibited from retaliating against employees who report wage theft and those in violation are similarly subject to fines, including liquidated damages, and may be subject to criminal penalties.^[2] Employer violations may be posted in public by the Department of Labor.^[3] Wage theft can also constitute criminal larceny under the state’s penal law.^[4]

^{[1] N.Y. Lab. Law §§ 198, 663.}

^{[2] N.Y. Lab. Law § 215.}

^{[3] N.Y. Lab. Law § 219-c.}

^{[4] N.Y. Penal Law § 155.05.}

‍