Effective November 1, 2022, employers advertising jobs to be performed in New York City must include a good faith salary range for every job, promotion, and transfer opportunity advertised.
The salary transparency provisions of the New York City Human Rights Law apply to all employers that have four or more employees or one or more domestic workers. Owners and individual employers count towards 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 by the requirements of the law.
An “advertisement” for purposes of this law is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants. Such advertisements are covered regardless of the medium in which they are disseminated. Covered listings include postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements. The law neither prohibits employers from hiring without using an advertisement nor requires employers to create an advertisement to hire.
If the employer does issue an advertisement, then the law requires employers to provide a definitive, good faith salary range for the job advertised. Salary descriptions such as “$15.00 per hour and up,” “$50,000.00 a year and up,” “maximum of $15.00,” or “minimum of $15.00 an hour” would not comply with the new law. Employers may, however, provide no range where there is no flexibility in the rate of pay. For example, a description of “$15.00 an hour” would be sufficient.
Employers are not required to specify a range for non-salary components of the total compensation in connection with the advertised job, promotion, or transfer opportunity, such as health, life, or other employer-provided insurance; paid or unpaid time off work, such as paid sick or vacation days, leaves of absence, or sabbaticals; the availability of or contributions towards retirement or savings funds, such as 401(k) plans or employer-funded pension plans; severance pay; overtime pay; or commissions, tips, bonuses, stock, or the value of employer-provided meals or lodging.
The New York City Commission on Human Rights issued guidelines, which can be found here.
For questions about your obligations under the new law, reach out to a member of Connell Foley’s Labor & Employment team.
PartnerMichael Shadiack is the Chair of Connell Foley LLP’s Labor and Employment Practice Group. Representing a broad spectrum of employers and management personnel in the private and public sectors, he provides litigation defense and ...