On November 1, 2022, New York City employers will be required to disclose salary ranges in advertisements for job openings, promotion and transfer opportunities pursuant to New York City’s Pay Transparency Law.
What NYC Employers Are Covered?
“Covered employers” include those with four or more employees (including independent contractors and owners), or one or more domestic workers, and applies as long as at least one employee works in New York City. The law also covers employment agencies of all sizes, although “temporary help firms,” such as a staffing agency, seeking to add to their pool of available workers are exempt.
What Information Must Be Posted?
According to the Guidance issued by the NYC Commission on Human Rights, employers “must state” both minimum and maximum salary they in good faith believe” they are “willing to pay at the time” of the job posting. The “range cannot be opened ended”, such as stating that the pay is $20 per hour and up.” However, if there is no salary range, such that minimum and maximum salary is the same, employers may state “20 per hour.”
Employers are not required to disclose “other forms of compensation or benefits offered,” such as health insurance, severance pay, overtime pay, commissions, tips, bonuses, and stock.
What Job Listings Are Covered?
Job listings include any “written description of an available job, promotion or transfer opportunity” that is publicized to a pool of potential applicants” (including existing employees) and advertised “on internal bulletin boards,” as “internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.”
What about New York State Requirements?
All New York State employers should be aware that the New York State legislature also passed a pay transparency legislation (S. 9427), which is not yet in effect. The law “requires employers to disclose compensation or range of compensation to applicants and employees upon issuing an employment opportunity for internal or public viewing or upon employee request.” The State law will go into effect 270 days after it is signed by Governor Kathy Hochul.
How Mandelbaum Barrett PC Can Help
If you have questions regarding the law and what is required, you can contact Employment attorney Lauren Topelsohn at LTopelsohn@mblawfirm.com.