NYC Employers Must Post Salary Ranges for Job Advertisements Beginning May 15, 2022
The New York City Council enacted a law requiring New York City employers with four or more employees to post anticipated minimum and maximum salary ranges for job postings for jobs in New York City. The law takes effect on May 15, 2022. The New York City Commission on Human Rights will be issuing additional guidance before the law takes effect, but employers may want to begin considering appropriate salary ranges for anticipated job postings.
The law amends the New York City Human Rights Law by adding a new unlawful discriminatory practice: posting a job, promotion, or transfer opportunity without stating the minimum and maximum salary for the position in the posting. New York City employers are required to use their “good faith” belief regarding the lowest and highest salary ranges for a position.
The law does not cover job postings for temporary employment at a temporary help firm, who must already provide the range of hourly wages that a worker can expect to earn at the time of initial interview or hire under the New York State Wage Theft Prevention Act.
Employers are likely to have questions about how the law will be implemented in practice. For example, what forms of compensation are included in the term “salary?” What factors should be considered to determine a “good faith” minimum and maximum salary? Will the law apply to all job postings disseminated within New York City, or just to job postings where work will be performed in New York City? The NYCCHR is expected to issue rules and regulations prior to implementation addressing these and other questions.
In the meantime, New York City employers should prepare for any upcoming job postings by identifying in good faith minimum and maximum salary ranges for each position for which they anticipate hiring. We will provide updates as information becomes available. Employers should also monitor developments from the NYCCHR on this issue.
Please feel free to reach out to any of our attorneys if you have any questions or would like our assistance in complying with New York City’s salary range disclosure requirement.
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