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New York’s Pay Transparency Act ensures fair compensation practices by mandating employers disclose salary information in job postings. This law promotes pay equity by offering job seekers and employees clear insights into wage expectations, helping them negotiate better. However, not all employers comply with these regulations, leaving many workers unsure of their compensation rights.
Understanding the Pay Transparency Act
The Pay Transparency Act has specific requirements for employers in New York State and New York City:
- Salary range disclosure: Employers with four or more workers must disclose the minimum and maximum salary ranges when advertising for a job, promotion, or transfer.
- Protected workers: The Act protects current employees and job applicants from retaliation if they inquire about pay ranges or file a complaint.
- Job advertisements: Employers must ensure all advertised positions, including remote roles that could be performed in New York, have accurate salary information.
- Recordkeeping: Employers are required to keep detailed records of pay transparency compliance.
These rules help create a transparent and equitable job market. If your employer fails to follow these provisions, you can file a complaint to hold them accountable.
Recognizing Violations
Recognizing non-compliance with the Pay Transparency Act is the first step in defending your rights. Watch out for these common violations:
- Omitted or inaccurate salary ranges: Employers that don’t include salary ranges in job postings or provide inaccurate figures violate the law.
- Incomplete job postings: Pay ranges must appear in all forms of job advertising, whether online or in print.
- Retaliation: If you face adverse treatment for asking about salary ranges or filing a complaint, it violates the Act.
Spotting these violations empowers you to act promptly and pursue a resolution.
Steps to File a Complaint
Filing a complaint with the New York Department of Labor (DOL) involves the following steps:
- Gather Information: Collect evidence of the violation, including screenshots of job postings, emails, or other relevant communication.
- Complete the Complaint Form: Visit the NYSDOL website for the pay transparency complaint form. Fill out all required fields with accurate details.
- Submit the Complaint: Send the completed form online or by mail. Be sure to include your contact information for any follow-up questions.
- Retain Copies: Keep copies of all evidence and the submitted form for your records.
- Seek Assistance: If the process feels overwhelming or unclear, consult an employment attorney at Lipsky Lowe for advice and support.
Following these steps will ensure your complaint is thorough and ready for review.
What Happens After Filing
Once you submit your complaint to the Department of Labor, an investigator will assess the provided information. They may contact you for further details or evidence. If the investigation confirms a violation, the employer could face penalties and be required to update job postings.
Remedies could include changes in the employer’s disclosure practices and monetary compensation for affected employees. Stay responsive during this process, and continue gathering evidence if further violations occur.
Legal assistance is invaluable here, as our attorneys can help you build a solid case and advocate for your rights throughout the investigation. Filing a complaint may seem daunting, but we can assess your case, advise you on filing procedures, represent you in negotiations or legal action, strengthen your claim, and maximize potential remedies.
Consult A Pay Transparency Lawyer Today
Filing a complaint under the Pay Transparency Act can help protect your right to fair pay. Contact Lipsky Lowe today if you need clarification on any aspect of the process or believe your rights have been violated. We’re here to support your pursuit of equitable compensation.