Most of the hiring managers I speak with have made peace with the law itself. What keeps them up at night is what a public salary range tells everyone else.
The hidden cost of a public pay range
When your company posts a role under its own name, the pay range becomes public information about your compensation — and several audiences are reading it closely.
- Your current employees. A posting for a Vice President at $185,000–$215,000 tells the VP you hired two years ago at $165,000 exactly where they stand. Overnight you have a retention problem and a round of uncomfortable conversations you didn’t plan for.
- Your competitors. Posted ranges are a free benchmark of your pay philosophy. They show rivals what it would take to recruit your people — and where you’re willing to stretch.
- The market. A new senior role in a new city or business line can signal a product launch, an expansion, or a reorganization before you’re ready to announce it.
- The incumbent. If you are quietly upgrading or replacing someone, a public posting is about the worst way for them to find out.
None of these are reasons to avoid compliance. They are reasons to think carefully about who posts the job.
What the law actually requires
New York’s statute covers employers and employment agencies alike, and it applies to postings made by a recruiter or job board on an employer’s behalf. A compliant New York posting must include a good-faith minimum and maximum pay range and, where one exists, a job description. Violations can carry civil penalties of up to $3,000.
What New York’s law focuses on is the pay — not the payer. The disclosure requirements center on the compensation range and the role, not on naming the company doing the hiring. That distinction is what makes a confidential search a fully compliant option.
(Requirements vary by jurisdiction, and remote roles that report into a New York office are generally covered. Confirm the rules for every state where a role could be filled with your employment counsel.)
The confidential search: compliant and discreet
When ACG Resources runs a confidential search, the posting goes out under our name, not yours. It describes the role, the location and the required good-faith pay range — and identifies the employer only in general terms, such as “a leading New York asset manager” or “a growing regional bank.” Your identity is shared only with screened, qualified candidates, and only when you’re ready.
The result:
- The range is public, but anonymous. The law’s goal — telling candidates what the job pays — is fully met. What the market can’t do is attach that number to your company.
- Your team can’t connect the dots. Current employees see a range for an unnamed firm, not a benchmark against their own paycheck.
- Competitors learn nothing about you. No free intelligence on your comp strategy or your expansion plans.
- You control the timing. You decide when — and to whom — your name is revealed, including whether candidates sign a confidentiality agreement first.
- Compliance is handled by people who do it every day. Because the law reaches recruiters directly, a reputable firm has every reason to get the posting right — across New York State, New York City and every other jurisdiction your role touches.
There’s a recruiting upside too. A posted range pre-qualifies candidates on compensation before the first call, and seasoned professionals who are currently employed are often more comfortable responding to a discreet search run by a firm they recognize.
What a confidential posting does not do
Confidentiality is a tool, not a loophole, and it’s worth being clear about its limits:
- The range must still be in good faith. It has to reflect what you honestly expect to pay. An inflated or artificially wide range to muddy the waters defeats the purpose and invites scrutiny.
- Internal pay equity still matters. A confidential posting protects you from a surprise; it doesn’t excuse pay gaps you’d be uncomfortable defending.
- Your name comes out eventually. Finalists will know who you are before an offer — confidentiality buys you control over the process, not permanent secrecy.
A short checklist before your next opening
- Map the jurisdictions. Know every state and city where the role could be performed or where it reports.
- Set a defensible range. Base it on what you’d actually pay, documented in case anyone asks.
- Decide what’s sensitive. Is it the comp, the role, the timing, or the incumbent? That determines whether a confidential search makes sense.
- Choose a partner who knows the rules. Your recruiter’s posting is your compliance exposure.
The bottom line
Pay transparency is here to stay, and the list of states requiring it keeps growing. You can’t keep your pay ranges off the posting — but you can keep your name off it. Partnering with a recruiting firm for a confidential search lets you meet the letter and the spirit of the law while protecting your team, your strategy and your timing.
I’ve recruited in banking and financial services since 1974, and ACG Resources has spent more than two decades placing talent in financial services, compliance, legal and real estate through search, direct-hire and interim staffing. If you have a sensitive opening, let’s talk about how to fill it quietly — and compliantly.
Len Adams, CPC Founder, ACG Resources 212-566-7600 · acgresources.com
This article is for general information only and is not legal advice. Employers should consult employment counsel about the pay transparency requirements that apply to their specific roles and locations.
