New York City’s new Salary Transparency Law will go into effect on Nov. 1, 2022. With this deadline for compliance fast approaching, we wanted to offer an update on the most recent guidance and interpretation to help our clients prepare for implementation of the new law.

First, while this is a New York City law, an employer does not need to have a brick and mortar presence in NYC to be covered. If an employer[1] has even one employee currently located in NYC (including remote workers), it is covered by the law.[2] However, not all postings are covered. The law does not cover postings for positions which cannot be performed, at least in part, within NYC (since remote work is covered, postings for remote or hybrid positions must be in compliance). Based on these criteria, advertisements for jobs, promotions and transfer opportunities are covered, whether for full- or part-time, interns, domestic workers, independent contractors and most other categories of employment.

An “advertisement” is defined as a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants,” and is covered whether posted internally or externally. However, the law does not create an affirmative obligation to create a posting/advertisement.

Under the law, an advertisement must include “the minimum and maximum salary” the employer believes “in good faith . . . at the time of the posting they are willing to pay for the advertised job,...

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