As we previously reported here, the New York City council passed a new law requiring employers in the city to include a good faith salary range for every job, promotion, and transfer opportunity they advertise. That law was set to go into effect on May 15, 2022 but now, that date has been pushed back. On April 28, 2022, the city council passed an amendment to the law setting a new effective date of November 1, 2022. The amendment also contained some additional key provisions to be aware of.
Covered employers are any company with 4 or more employees with at least one working in New York City (note, independent contractors are counted towards that threshold).
Applicants are now unable to file a lawsuit against an employer for violations. However, current employees are permitted to do so. This means that the New York Commission on Human Rights will be the primary enforcer of the law on behalf of job applicants.
Hourly wage jobs are expressly included as being part of the requirement to post a salary range.
The law states that the salary disclosure requirement does not apply to positions that cannot, or will not, be performed, at least in part, in New York City. Employers should therefore make sure that if a remote job could be filled by someone who lives in New York City - which is theoretically every remote job - the salary range must be disclosed.
First-time violators have the chance to avoid monetary penalties if they cure the violation within 30 days.
Mayor Adams is expected to sign the new bill and employers covered by the bill will have to start complying on November 1, 2022. For individualized guidance on compliance with the new law and its amendments, please contact Mattiace Tetro LLC.