As we wrote here and here, the New York City Council passed a salary disclosure law, Int. 134-A, at the beginning of this year in an effort to increase salary transparency and decrease wage disparities based on gender and race. The law was due to take effect this Sunday, May 15.
After the publicity and significant pushback from the business community, the City Council has amended the law to extend the compliance date, clarify some rules, and modify other rules.
Here are the highlights of the changes made by the amendments:
- Compliance deadline extended to November 1. The May 15 compliance deadline has been moved to November 1. Employers will no doubt welcome the additional time to ensure their advertised jobs, promotions, and transfer opportunities in the five boroughs of New York City include the required disclosures.
- Definition of “geographic scope.” The amendment clarifies that the salary disclosure requirement will apply to positions that can or will be performed—in whole or in part—in New York City, whether from an office, in the field, or remotely from home. This very broad definition encompasses jobs based in New York City, jobs that are fully remote if the remote location is in New York City, and “hybrid” jobs in which employees commute to New York City for a day or two per week from neighboring states.
- No private right of action for applicants. The original legislation gave both applicants and employees the right to sue their employers for violations of the...
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