A recent amendment to the New York City Human Rights Law ("NYCHRL") requires employers to provide a salary range in all job postings starting on May 15, 2022.
On December 15, 2021, the New York City Council passed Int. 1208-2018 which amends the NYCHRL to make it an unlawful employment practice "to advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for such position in such advertisement." (Here).
After Mayor Eric Adams declined to veto the bill, the amendment became law on January 15, 2022, and will go into effect on May 15, 2022.
Given employers' interest in the new requirement, we wanted to provide answers to some frequently asked questions:
Am I Covered?
The law applies to all employers that employed four or more people at any point in the prior year, including part-time, permanent and temporary employees, interns, and independent contractors.
Job advertisements for temporary positions at temporary staffing firms are exempt.
What Is Required?
At bottom, the law requires employers to state the minimum and maximum salary for the position in any job posting.
The law applies to all advertised jobs, promotions, and transfer opportunities, irrespective of whether the position is advertised internally or externally.
At the moment, the law applies to all job positions, not only positions within New York City. A prior version of the bill limited its geographic scope to "any position located within New York City." Nevertheless, the New York City Commission on Human Rights (the "Commission") is expected to promulgate rules that clarify the law's provisions, including potentially its geographic scope.
The salary range may extend from the lowest to the highest salary the employer in "good faith" believes at the time of the posting it would pay for the position.
Penalties for violating the NYCHRL include compensatory and punitive damages, fines, and attorney's fees.
What Should I Do?
Employers in New York City should adjust their human resources policies to comply with the law's requirements.
In particular, employers should (i) ensure that all relevant departments are aware of the new requirements, (ii) identify appropriate salary ranges for upcoming postings, and (iii) update all templates to include placeholders for the minimum and maximum salaries.
Employers should also keep an eye on the Commission for forthcoming regulations enforcing the law and on the New York State Senate and Assembly, which have proposed legislation that would require employers to disclose salary information to job applicants statewide. (Senate Bill / Assembly Bill).
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