On November 1, 2022, all New York City employers with four or more employees and employment agencies of all sizes must state the salary range or rate of pay when advertising a job, promotion or transfer opportunity. A similar law is expected to take effect for all New York State employers early next year. As you revise your job advertisements to comply with the new laws, please also keep in mind that the minimum wage in upstate New York State will increase on December 31, 2022 (as discussed below). This minimum wage increase does not impact New York City, Long Island or Westchester County.
New York City Salary Transparency Requirements
On December 15, 2021, as we previously noted, New York City enacted a salary transparency requirement and the New York City Commission on Human Rights (City Commission) issued guidance to assist employers in complying with the new salary transparency requirement. The guidance indicates that the law is to be interpreted to reach as “broad a geographic scope of opportunities as possible” and to cover all types of announcements for such jobs.
The law requires most private-sector employers to include a good faith salary range in advertisements for work opportunities that can or will be performed in whole or in part in New York City (this also includes all remote jobs that may be performed in New York City, even if the business is located outside the City). Advertisements are broadly defined as “a written description of an available job,...
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