As we previously reported, the New York City Council passed a bill amending the New York City Human Rights Law to require employers with four or more employees, (or one or more domestic workers), include the minimum and maximum starting salary for any “advertised job, promotion, or transfer opportunity.”
This requirement was initially set to take effect on May 15, 2022, but the New York City Council delayed the effective date to November 1, 2022, as we reported here. The New York City Council also clarified that posting for jobs that pay an hourly wage, (as opposed to a salary), are also subject to the wage disclosure requirement.
With the November 1, 2022, effective date fast approaching, New York City employers should immediately prepare to include the salary/wage range on all covered postings. When establishing the minimum and maximum salary/wage to be included on the posting, the employer must determine, in good faith, what it believes it would pay for the job, promotion, or transfer opportunity at the time of advertisement. Both a minimum and a maximum salary/wage are required, so “open ended” information such as “$20 per hour and up” or “a maximum of $75,000 per year” is insufficient to comply with the new requirements.
While these requirements do not apply to positions that cannot or will not be performed, at least in part in New York City, the requisite wage/salary information should be included in postings for any job that can be performed in New York City,...
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