December 2, 2022 - Every few years, state and local legislatures across the country tend to hone in on a particular hot topic or two relating to employment law and the workplace. Over the past decade, this has included paid sick leave laws, so-called "ban the box" laws, and laws that bar employers from inquiring about a job candidate's salary history. The latest trend in this line of employment law hot topics is wage transparency laws, which have most recently been enacted in New York City and California.
Generally speaking, wage transparency laws require employers to disclose on job applications the anticipated pay range for the role at issue, as well as potentially other compensation- and benefits-related information. The New York City law, for instance, which took effect on Nov. 1, 2022, requires that virtually all internal and external job postings include the minimum and maximum salary/wage rate that the employer "in good faith" believes it is willing to pay for the advertised job, promotion, or transfer opportunity.
The New York City Commission on Human Rights — which will enforce the new law — has taken the position that the new job posting law applies to any advertised role that will or can be performed in New York City. In other words, fully-remote roles — i.e., roles that can be performed from any location — are likely covered by the law, even if the employee does not have a physical presence in New York City.
In passing this law, New York City...
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