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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. 

Medical Marijuana Use Protected from Adverse Action

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process .  If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. 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.

The Royal Law Firm Awarded Finalist of 2025 Best of The Valley Readers’ Poll

March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
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