In an effort to address gender-based pay disparities, effective May 15, 2022, the New York City Human Rights Law ("NYCHRL") will require employers with four or more employees that advertise jobs in New York City to include a good faith salary range for every job, promotion, and transfer opportunity advertised.
Any advertisement for a job, promotion, or transfer opportunity that will or can be performed, in whole or in part, in New York City, whether from the employer's office or remotely, including from the employee's home, is covered. According to the New York City Commission on Human Rights (the "Commission"), an "advertisement" is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants regardless of the medium in which it is disseminated. Covered listings include postings on internal bulletin boards, Internet ads, printed flyers distributed at job fairs, and newspaper ads. However, the NYCHRL does not prohibit employers from hiring without using an ad or require employers to create an ad in order to hire.
Consistent with the scope of the NYCHRL, the Commission's guidance reminds businesses that the salary range requirement applies to posting opportunities for employees (whether full-time or part-time), interns and independent contractors.
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