The pending Salary Transparency Law (the Law)—which requires New York City employers to disclose the minimum and maximum salary when posting an advertisement for a job, promotion, or transfer opportunity—was further clarified by the New York City Commission on Human Rights and subsequently amended by the New York City Council.
NYC Commission on Human Rights Provides Definitional Clarifications
On March 22, 2022, the New York City Commission on Human Rights issued guidance on the Law which states that the Law applies to employers with four or more employees or one or more domestic workers, with at least one such employee working in New York City. The guidance instructs that an individual employer counts towards the four-employee threshold, as do all employees, regardless of their work location. The Law extends to many types of workers, including "full or part-time employees, interns, domestic workers, independent contractors, or any other category of worker protected by the NYCHRL."
An "advertisement" under the Law is defined as a "written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants. Such advertisements are covered regardless of the medium in which they are disseminated. Covered listings include postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements." The guidance asserts that the Law applies to job positions "that can...
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