New York City has issued guidance on its salary transparency law. Starting May 15, 2022, employers advertising jobs in New York City must include a good faith salary range for every job, promotion, and transfer opportunity advertised.
This new provision covered by the New York City Human Rights Law (NYCHRL) applies to all employers with 4 or more employees or 1 or more domestic worker (owners and individual employers count toward the four employees). The four employees do not need to work in the same location and they do not need to all work in New York City. As long as one of the employees works in New York City, the workplace is covered. Employment Agencies are also covered by the new law, regardless of their size.
4 or more employees, OR
1 or more domestic worker
And at least 1 employee (or domestic worker) works in NYC
(Employment Agencies meeting the same requirements are also covered)
The new law does not apply to temporary help firms seeking applicants to join their pool of available workers. The guidance explains which job listings are covered by the law (any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City) and what information must be include in job advertisements (the minimum and maximum salary). The guidance says that salary includes the base wage or rate of pay, regardless of the frequency of payment. Salary does not include other forms of compensation or benefits such as overtime pay, severance pay, paid time off, or health, life or other employer-provided insurance.
Salary Posting Requirements
The guidance says that salary includes the base wage or rate of pay, regardless of the frequency of payment
Salary does not include other forms of compensation or benefits such as overtime pay, severance pay, paid time off, or health, life or other employer-provided insurance
Employers and employment agencies that violate the NYCHRL may have to pay monetary damages to affected employees and civil penalties of up to $250,000. Covered entities may also be required to amend advertisements and postings, create or update policies, conduct training, provide notices of rights to employees or applicants, and engage in other forms of affirmative relief. Questions can be addressed by calling the Commission on Human Rights at (212) 416-0197 or visit NYC.gov/HumanRights.
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DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.
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