New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter G - Deductions From Wages
Part 194 - Pay Equity
Subpart 1 - General Provisions
Section 194-1.3 - Employer Imposed Limitations on the Inquiry, Discussion, and Disclosure of Wages
An employer may, in a written policy provided to an employee either electronically, through publicly available posting, or by paper copy, place reasonable limitations on the time, place and manner that an employee may inquire about, discuss, or disclose wages. Such limitations must be justified without reference to the content of the regulated speech, narrowly tailored to serve a significant interest, and leave open ample alternative channels for the communication of information. An employer shall not impose restrictions on employees in such a way that unreason ably or effectively precludes or prevents inquiry, discussion, or disclosure of wages at the worksite and/or during work hours, directly or in practice. An employer may prohibit an employee from discussing or disclosing the wages of another employee unless the other employee provide s verbal or written permission, either directly or indirectly. An employer may also limit an employee who has access to wage information of other employees as part of that employee's essential job functions as set for th in Section 194 (4)(d) of the Labor Law. An employer may not avail itself to the affirmative defense contained in Section 194 (4)(c) of the Labor Law, unless the employer can demonstrate that the written policy was provided to the relevant employee(s) in accordance with this Part. The employer must maintain copies of its written policies during the period of the applicability and for six years following such period.