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Comment by entuno | Hacker News Reader

I wonder if this will result in remote job applications excluding candidates from New York, as we've seen with other states. Although once a critical mass of states start requiring this, that won't really be an option any more.

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California and NY, so the critical mass has probably already been hit for some upscale fields, haha.

I'm curious how much overlap there is in these salary range requirements between states. I believe California, Colorado, and New York require them, but I wonder if they are actually all consistent in terms of what needs to be included, or if we'll end up in a case where you have to carefully craft your job listing to be compliant with all states (or have a different one for each state).

California implemented this and I haven't seen any data to support that Californians are being excluded from applying for jobs.

I don't have any stats to back it up, but I've seen various threads and discussions on Reddit where people are flagging jobs adverts that exclude people from those state - for instance:

https://www.reddit.com/r/recruitinghell/comments/168ce1e/saw...

If it does, good. Those are companies you probably don't want to work for. In California, we also have a minimum pay here for exempt software engineers - it's $112,065.20, which is higher than the US median salary for software developers.

My company applies that same standard nationwide with remote engineers, so kind of the opposite of what you're saying.

It's for New York employers only, is it not? Or do you need a presence in NY to employ people there?

If they hire employees that reside in NY they have to make ranges public in the offer.

I can't find that in the article; where did you see this?

That seems unlikely, since they do not have legal jurisdiction over say a company in Belgium who is advertising worldwide for employees.

Intent and reasonably foreseeable outcomes probably matters here.

If that company in Belgium advertises worldwide and somehow hires many people who live in New York, you bet NY will argue (successfully) that they have to follow this law, at least prospectively, as it affects residents of their state and the DoL has jurisdiction over protecting the labor rights of its residents.

What does that mean in practice?

I wonder if they'll also be agreeing to enforce the GDPR because New York companies sell services to Belgium citizens

GDPR is already enforced on American companies serving EU citizens. Only if the American company never intends to do business in the EU can they get away with breaching it.

Apart from just about every cookie banner in existence which is in breach of gdpr and as of yet basically no consequence.

That's equally true of Belgian and New York companies, though.

Yes, however companies are actively being fined for those. It's just that there is a huge amount of websites and not enough resources to prosecute them all at once.

https://www.enforcementtracker.com/

Hopefully, haven't seen a difference as and end user.

Do you know which of those fines are due to non compliant cookie banners? Had a quick look but I'm not well up enough on GDPR to figure out which fines are for violating which parts of GDPR.

No idea, but IIRC some are. The text is legalese so hard to make out exactly. Then also it's per country, even more complicated. Filing a case also is per country.

Just like anything else: if the belgian company doesn't comply but does any business with the US, then the US can interfere. Now this example is quite irrelevant, the interesting and usual case is a company from any other state hiring a worker remotely and residing in NY. This is straightforward.

They do if the job is listed as being based in NY, which is what this law pertains to.

That makes sense. So it's okay for companies to advertise to NY citizens, for jobs in other states, without complying with this rule.

And also if the employee will report to someone who’s based in NY

that is reminiscent of data protection laws which apply if you're processing the data of [sometimes >N] residents from country or U.S. state X, even if you have no presence there

Nope, it pertains to where the job itself is listed as being based. If the company is HQ'd in NYC, but the listing is for a job based out of their Miami office, then the law doesn't apply.

The article seems to contradict your statement.

> The law, signed by Gov. Kathy Hochul in 2022, also will apply to remote employees who work outside of New York but report to a supervisor, office or worksite based in the state.

That's not a contradiction.

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