On May 12, 2022, the New York City Commission on Human Rights ("NYCCHR") released a fact sheet providing guidance on the amended NYC salary transparency law, which is currently set to take effect on November 1, 2022. As we wrote about here, the amended salary transparency law requires NYC employers to include minimum and maximum salary information in job postings for any position (including independent contractor positions) located within New York City.
Who is a Covered Employer?
The guidance explains that the law applies to all employers with four or more employees or at least one domestic worker. The guidance clarifies that the four employees do not all need to work in the same location and do not all need to work in New York City, provided that at least one employee works in New York City. Employment agencies are also covered by the new law, regardless of their size. The amended law does not apply to temporary help firms.
What Constitutes an Advertisement?
Any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City is covered by the law. The guidance defines an "advertisement" as a "written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants," regardless of how it is disseminated. The advertisement may be posted on an internal bulletin board, circulated on the internet, distributed as a printed flyer at a job fair, or printed in a newspaper. Importantly, the...
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