The New York City Commission on Human Rights recently issued its first round of guidance regarding the new salary transparency law scheduled to take effect on May 15, 2022. As we previously reported, the law will require New York City employers to include the minimum and maximum salary for both internal and external jobs, promotions, and transfer opportunities. Unfortunately, the text of the law left many questions unanswered. The guidance, issued in the form of a fact sheet, answers some of the questions surrounding the law’s requirements and scope.
Which Employers Are Covered?
The New York City Human Rights Law (NYCHRL), including the salary transparency requirements, applies to all New York City employers (and employment agencies) with at least four employees. The guidance clarifies that the new law applies to employers with at least four employees total, so long as one of the employees works in New York City. Temporary help firms are exempted from the law, but employers who work with such firms are not.
Which Positions Are Covered?
The law’s requirements apply to a range of workers, including full- and part-time employees, interns, domestic workers, and independent contractors. The guidance confirms that the law applies to positions paid on both an hourly and salaried basis. The Commission further states that the law will apply to remote work, as it directs employers to follow the law when advertising for a position that “can or will be performed in whole or in part,...
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