In 2021, the New York City Council passed an amendment to the New York City Human Rights Law (the “Salary Transparency Law”), and on November 8, 2021, New York State Governor Kathy Hochul, signed Senate Bill S2628 into law (the “Digital Workplace Monitoring Law”). Both laws are set to take effect in May 2022.
The Salary Transparency Law was signed into law in December 2021, making it an unlawful discriminatory practice for employers to advertise jobs (internally or externally) without stating the minimum and maximum salary for the position. The law is set to take effect on May 15, 2022.
Recently, on March 22, 2022, the New York City Commission on Human Rights (“NYCCHR”) issued guidance(the “Guidance”) on the Salary Transparency Law to help workers and employers understand their rights and obligations under the law. The Guidance provides the following clarifications:
The law applies to all employers that have four or more employees or one or more domestic workers.
Owners and individual employers count towards the four employees;
The four employees do not need to work in the same location;
The employees do not need to all work in New York City; the workplace is covered if one of the employees works in New York City;
Employment agencies are covered by the Amendment.
In addition, the Salary Transparency Law does not apply to temporary employment agencies seeking applicants to join their pool of...
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