New York City joined a growing list of other jurisdictions requiring salary disclosures in an effort to tackle pay inequity. Effective on May 15, 2022, the New York City Human Rights Law will require employers to disclose the “lowest to the highest salary the employer in good faith believes at the time of the posting it would pay” in advertisements for jobs, promotions or transfer opportunities. Failure to include the salary disclosures will be “an unlawful discriminatory practice.” The new legislation is available here.
What Employers Are Impacted by the New Law?
The new law covers employers with four or more employees, including at least one employee in New York City. Notably, this threshold number includes independent contractors who work in furtherance of the employer’s business. The law explicitly excludes advertisements for temporary employment at temporary staffing firms, but temporary staffing firms are required to provide this information under the New York State Wage Theft Prevention Act.
Newly Published NYCCHR Guidance Addresses Some Key Questions
A recently published New York City Commission on Human Rights (NYCCHR) Guidance clarifies that the new law applies to any advertisement for a job, promotion or transfer opportunity that would be performed in New York City. In disclosing the salary range, the disclosure cannot be open-ended. For example, a disclosure stating that the position pays “$15 per hour and up” or a “maximum of $50,000 per year” would not be...
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