More than three years ago, in November 2022, New York City joined a growing number of municipalities and states (like Colorado) that enacted various forms of pay transparency laws. Like many of the other statutes put in place during this time frame, New York City’s law was designed to advance the goal of pay equity and to protect all New Yorkers from potential unlawful employment discrimination.
The first restriction of the law, codified at N.Y.C. Admin. Code § 8-107(25) prohibits inquiries during the hiring process about an applicant’s salary history. Specifically, the rule precludes employers from asking about, relying on, or otherwise verifying a job applicant’s salary history at any point during the hiring process. Under the law, it remains appropriate, however, to discuss more generally an applicant’s salary expectations and, if the applicant voluntarily chooses to share their salary history, an employer may consider that information. The second aspect of NYC’s pay transparency law (found at N.Y.C. Admin. Code § 8-107(32)) relates to job postings and requires employers with four or more employees to provide an annual salary or hourly wage range in all job advertisements, including internal postings for promotions and transfer opportunities. The range provided must be based on the employer’s good faith assessment of what it actually would pay for the position at the time of the posting.
When this law first became effective, it was a hot topic among New York City...
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