California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting for any position that can be performed, at least in part, in New York City. On January 1, 2023, covered employers in California will be required to publish the pay scale for the position in all job postings that can be filled by California residents. The new California law also requires employers to make certain additional disclosures upon request and to implement new reporting obligations, as detailed below.
Employers should pay careful attention to these pay transparency laws, especially as they implicate job postings for remote positions that can be filled by residents in these jurisdictions.
New York City Requires Employers to List Pay Range in Job Postings
Beginning November 1, 2022, employers with four or more employees (only one of which needs to work within New York City) must disclose the compensation, or range of compensation, in any advertisement for a job, promotion, or transfer opportunity that can or will be performed, at least in part, in New York City. This means that covered employers must include compensation information when advertising for a remote position that can be filled by a resident of New York City.
As detailed in guidance1 issued by the New York City Commission on Human Rights (NYCCHR), covered job postings must state the...
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