This is an important update to the QuickStudy we published on November 9, 2022, shortly after New York City enacted a law requiring the posting of minimum and maximum salary or hour rate range for positions that can be performed, as least in part, in New York City. The Governor of New York just signed on December 21, 2022 a comparable law covering all of New York State. What does this mean for companies that operate on a national basis or are seeking any remote workers in the U.S, in view of this New York State law and the hodgepodge of similar state and local laws that require minimum and maximum salary ranges of job postings and advertisements? Or you may be asking, how do we avoid liability for violating one of these laws? Short answer to both questions: It’s not straightforward. We will try to help you below in determining what you should and should not do under the New York State[1] and New York City pay transparency laws[2] as well as similar laws covering states such as California,[3] Colorado,[4] and Washington State.[5]
After the first week that the New York City law had been in effect, an analysis by Bloomberg News of over 400 salary ranges posted by large employers operating nationwide show minimum salaries for some positions are less than half the maximum salaries for many positions, while other companies have posted minimum salaries at 60-80% of the maximum.[6]
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