[co-author: Jayke Simsheuser]
Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers advertising jobs, promotions and transfer opportunities that can, or will, be conducted in New York City to include good-faith annual salary ranges in any written advertisements for the respective positions. This new law is part of a national trend toward salary transparency, and once effective, classifies an employer’s failure to disclose salary ranges in job advertisements as an unlawful discriminatory practice under the NYCHRL.
Which “Employers” are Subject to Mandatory Salary Range Disclosure?
Employers with four or more employees or one or more domestic workers are covered under the Salary Transparency Law, so long as at least one of those employees works in New York City. Individual employers and owners count towards the four-employee threshold, as well as independent contractors, part-time employees, paid interns, domestic workers and the employer’s family members if working for the employer.
While employment agencies—i.e., any person or firm “undertaking to procure employees or opportunities to work”—regardless of their size are considered “employers” under the Salary Transparency Law, temporary help firms are excluded and may recruit applicants without a published salary range. However, a covered employer...
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