Effective May 15, 2022, employers in New York City will be required to include the minimum and maximum salary for a position in any advertisement for a job, internal promotion or a job transfer opportunity. The minimum and maximum salary for the position must reflect the range that the employer believes in good faith it would pay for the role at the time of the posting.
The new bill amends the New York City Human Rights Law and makes an employer’s failure to include the salary range for a position in any advertisement for a job, internal promotion or a job transfer opportunity a discriminatory practice. The new law applies to employers that engage the services of four or more individuals during the previous year. Employers must count independent contractors in addition to employees for purposes of determining coverage.
The law does not define “salary” or “advertise,” nor does it state whether the law will apply to jobs that are physically located outside New York City but advertised by employers in the city. The bill’s legislative history indicates the law is only intended to apply to positions located within New York City; however, the New York City Commission on Human Rights is expected to issue guidance prior to the effective date of the law.
New York City follows a growing trend among states that are pushing for pay transparency in job advertisements. For example, California, Connecticut and Colorado each have laws related to mandatory salary or wage disclosure.
Seward & Kissel will continue to monitor developments and additional guidance. If you have any questions regarding the new law, or any other employment issues, please contact Anne C. Patin at (212) 574-1516, Julia C. Spivack at (212) 574-1373 or your relationship partner at the Firm.