Beginning May 15, 2022, New York City will join multiple other jurisdictions that already require posted job listings to include salary ranges. The new requirement, an effort to achieve pay equity, is the result of an amendment to the New York City Human Rights Law, and it applies to businesses with four or more employees. The law covers job postings by businesses seeking both employees and independent contractors, but does not apply to job postings by staffing firms for temporary positions. Once the amendment goes into effect, it will be an unlawful discriminatory practice for an employer, employment agency, or their agents (such as job recruiters) to internally or externally advertise a “job, promotion, or transfer opportunity” without including a “good faith” minimum and maximum salary for the role, determined as of the time of the posting. Failure to comply may subject companies to fines up to $125,000.
Much remains undefined at the moment, including the term “salary.” Therefore, employers are advised to comply with the new law as to all positions, whether salaried, exempt, or hourly nonexempt. It is anticipated that the New York City Commission on Human Rights, which is vested with the authority to issue rules and regulations to implement and enforce the law, will offer clarifications on the scope of the amendment.
To ensure compliance, employers should review and update their internal and external job postings for all positions where the workers will be located in New York City. Employers should also determine appropriate salary ranges for all positions available and ensure that job postings include them. Furthermore, employers should consider conducting full pay equity audits now, as salary information will become more easily accessible to employees.
The attorneys in Kane Kessler’s Labor & Employment Practice Group are available to help companies address compliance issues and navigate the amendment to the New York City Human Rights Law. If you have any questions, please contact the Co-Chairs of Kane Kessler’s Labor & Employment Practice Group, Valerie K. Ferrier at 212 519-5107, vferrier@kanekessler.com, or Jeffrey G. Douglas at 212 519-5183, jdouglas@kanekessler.com.