On March 22, 2022, the New York City Commission on Human Rights released its long-anticipated guidance related to a January 2022 NYC law calling for pay transparency in job listings that is set to take effect on May 15, 2022. Although a recently introduced bill proposes to amend the pay transparency law to, among other things, push back its effective date, NYC employers should start preparing to comply with the pay transparency law’s requirements. We have listed below practical considerations employers should take into account in preparing job postings.
If you have four or more employees and at least one works in New York City, the pay transparency law applies to any job listing you publicize to a pool of potential applicants for a job, promotion or transfer opportunity that could be performed (in whole or in part) in NYC – whether from an office, in the field or remotely from the employee’s home. We expect the New York City Commission on Human Rights to take an expansive view of whether a position is capable of performance in NYC.
Job listings are covered by the pay transparency law regardless of the medium in which they are disseminated, including postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs and newspaper advertisements. The law, however, does not require employers to create an advertisement in order to hire, promote, or transfer an...
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