On March 22, 2022, the New York City Commission on Human Rights (the “Commission”) issued its first round of guidance regarding the salary transparency law (the “Salary Transparency Law” or “STL”) currently scheduled to take effect on May 15, 2022. As we previously reported, the Law will amend the New York City Human Rights Law (“NYCHRL”) to require all New York City employers to state the minimum and maximum salary associated with an advertised internal or external “job, promotion, or transfer opportunity.”
While the Salary Transparency Law itself is brief and leaves many questions unanswered, the Commission’s guidance (the “Guidance”) provides some level of clarity and compliance information. Importantly, the Guidance specifies the scope of the Salary Transparency Law’s coverage. According to the Guidance, the STL will apply to all employers with four or more employees so long as at least one of those employees works in New York City. The STL also applies with equal force to New York City employment agencies. Temporary help firms are excluded from the STL’s coverage, but employers who work with such firms still must comply with the law’s requirements.
The Guidance specifies that covered employers must comply with the Salary Transparency Law when advertising for 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 the employee’s home.” (emphasis added). Stated another way, a covered...
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