Sarah M. Block
Wed, 05/11/2022
Beginning November 1, 2022, a new salary transparency law which amends the New York City Human Rights Law (NYCHRL) will require most employers in New York City to list a salary range or hourly rate in all job advertisements. Although the law was originally scheduled to go into effect on May 15, 2022, as MSE previously reported, it will now become effective November 1.
In preparing for the new salary transparency law to go into effect, the New York City Commission on Human Rights issued guidance to employers and employees about their rights and obligations under the law. Following the issuance of this guidance, the law was amended by the New York City Council.
Under the new salary transparency law, employers with four or more employees (or one or more domestic workers) will now be required to include both a minimum and a maximum salary in all job advertisements for positions which can or will be performed, in whole or in part, in New York City, regardless of whether the job will be performed in an office or remotely at home. The salary range listed cannot be open ended. However, the only salary information that must be posted is the base wage or rate of pay; the employer is not required to include other forms of compensation or benefits such as paid leave benefits, commissions, tips, overtime, health insurance, or retirement benefits.
Significantly, the new requirement applies to all job advertisements for positions which are for full and part time employment, including internships, and regardless of the medium in which the job advertisement is made, so long as the position is being publicized to a pool of applicants.
Violations of the salary transparency law carry steep penalties, including monetary damages to affected employees and civil penalties of up to $250,000. Other types of damages available under the NYCHRL, including compensatory and punitive damages, are also available to affected individuals. However, only current employees may pursue a private right of action against their employer for violations of this law; job applicants cannot sue a prospective employer for failing to disclose the required information.
If you are a worker in New York City and have questions about your employment rights and benefits, including your right to salary information in job advertisements under the new law as of November 1, 2022, please do not hesitate to reach out to the attorneys at MSE through our website.
