Pay Transparency in New York

September 14, 2023

In an effort to address wage gaps, twelve jurisdictions across the nation have enacted pay transparency legislation with New York being the most recent state. The New York pay transparency law, Bill No. S9427A, will go into effect on September 17, 2023. This law will apply to any advertisement, promotion, or transfer opportunity that will either be physically performed at least in part in New York, or that will physically be performed outside of New York but reported to a supervisor, office, or worksite in New York. Such legislation requires employers, with four or more employees, to publicly disclose salary ranges or a fixed level of compensation in job postings for positions within the state. The New York state law would also require employers to keep records of the compensation ranges for each position and the job descriptions. If the position is commission-based, employers can satisfy this by disclosing that in the job description. The legislation also includes an anti-retaliation provision against applicants and current employees for exercising their rights under the pay transparency law. The legislation does not explicitly create a private right of action and violations are subject to investigation and prosecution by the Commissioner. Civil penalties would not exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 for the third and further violations.

There are lingering questions in regard to whether the law applies to employers with four employees in New York, or four employees total including ones outside the state. In the legislation, there is no specific length of time mentioned for employers to retain records of compensation ranges and job descriptions. The New York Department of Labor may issue further guidance to answer these questions.

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288. 

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.