More than a year after New York passed SB 1 prohibiting employers from forbidding their employees from inquiring about, discussing his or her wages or the wages of another employee, the New York State Department of Labor adopted regulations to help clarify limitations on inquiry, discussion, or the disclosure of wages. Employers are allowed, in a written policy, to place reasonable limitations on the time, place and manner that an employee may inquire about, discuss or disclose wages. Employers must keep copies of the written policy during the period of the applicability and for six years following such period. Employers may prohibit an employee from discussing wages unless the other employee provides a verbal or written permission. Permission is defined as “an express, advance, authorization given voluntarily by the employee, and permission may be withdrawn by an employee at any time. A writing shall not be required.” Additionally, an employer may limit employees from discussing or disclosing the wages of other employees if they have access to wage information as part of their job functions. These employees can only disclose such information if they are responding to a complaint, charge, or investigation.
The New York State Department of Labor will publish training material on the new regulations. Compliance Poster Company will monitor the release of the material and provide you with an update. Make sure to visit us soon!