Since 2020, New York State (“NYS”) and New York City (“NYC”) have passed laws aimed at alleviating gender- or race-based wage disparities.
On January 6, 2020, NYS banned all employers – both public and private – from asking job applicants and current employees about their salary history and compensation.
On January 15, 2022, NYC took the matter a step further and enacted the Pay Transparency Law (the “Law”) which makes it an “unlawful discriminatory practice” under the New York City Human Rights Law (“NYCHRL”) for an employment agency, employer, employee or agent to advertise a job opening, promotion or transfer opportunity, in NYC, without providing the position’s minimum and maximum salary. The Law, which goes into effect on May 15, 2022, left many open questions such as: does the Law apply to non-salaried positions (e.g. hourly workers), internal job openings that are not “advertised” to the public, or remote positions that may, but not required to, be performed in NYC? It was also unclear whether other forms of compensation (such as bonuses, stock options, or contributions to retirement plans) had to be included in the job “advertisements,” and even more generally, what constituted as an “advertisement.”
On March 22, 2022, the New York City Commission on Human Rights (“NYCCHR”), the agency tasked with enforcing the NYCHRL, issued a fact sheet (the “Guidance”) to aid workers and employers in understanding their rights and obligations under the new Law and answering some...
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