The New York City Council enacted legislation on January 15, 2022 that will require employers in New York City with four or more employees to disclose salary ranges in job postings (Int. 1208-B). Employers who are subject to the law will be required to begin disclosing salary ranges in job postings on May 15, 2022.
The legislation amends the current administrative code of the City of New York to make it an unlawful discriminatory practice for any employer in New York City with four employees or more to not include in job postings the minimum and maximum salary offered for any position located within New York City. It extends from the lowest salary to the highest salary that the employer in good faith believes it would pay for the advertised job, promotion of transfer. For purposes of this law, independent contractors are considered persons in the employ of such employer.
The only exception made is for a job advertisement for temporary employment at a temporary help firm.
There are certain things that are unclear in the legislation. First, the term “salary” is not defined. It is not clear whether covered employers will have to post the total compensation that they will be offering for the position, or whether they only have to include what the base salary will be. Second, it is unclear whether an employer that is not physically located in New York City, but has employees located in New York City, will be subject to the new legislation. In our post-covid remote environment, this is an important question and one that will hopefully be clarified prior to the date on which employers must begin to comply. There are many employers who are not located within New York City, but have employees that are located within New York City.
It is also unclear what penalties will be imposed if an employer is found to have violated the law. If the New York City Commission on Human Rights finds that an employer has engaged in an unlawful discriminatory practice, it has the authority to impose a civil penalty of not more than $125,000.00. Whether an employer can be penalized per advertisement is unclear, as well.
Employers should begin to prepare to implement the posting requirements as of May 15, 2022 and look out for any guidance issued prior to that date to clarify the ambiguities.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.
