NYC Pay Range Transparency Requirements Effective November 1, 2022
October 19, 2022
Stroock Client Alert
By: Howard S. Lavin, Elizabeth E. DiMichele
As we previously shared New York City Introduces Pay Range Salary Transparency Requirements and NYC Pay Transparency Law Update, effective November 1, 2022, employers advertising jobs in New York City must include a good faith salary range for every advertised job, promotion, and transfer opportunity. The New York City Commission on Human Rights (“NYCCHR”), which enforces this pay transparency requirement, has issued a factsheet to assist employers.
All employers with four or more employees or one or more domestic workers are covered. All employees do not need to work in the same location, or even work in New York City. Rather, as long as one of the employees works in New York City the workplace is covered. Indeed, covered employers must include a good faith salary range when advertising for positions that can or will be performed, in whole or in part, in New York City, whether from an office or remotely from the employee’s home, including hybrid positions. Postings are covered regardless of whether they seek full or part-time employees, interns, domestic workers or independent contractors.
Covered employers must state the minimum and maximum salary they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. Salary does not include other forms of compensation or benefits, such as health insurance, 401k plans, paid time off, and severance. However, the range cannot be open-ended.
An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants,” including postings on internal bulletin boards, the internet, newspaper ads and printed flyers. Employers, however, are not required to use advertisements.
The NYCCHR will investigate alleged violations, and workers with claims against their current employer can also file a lawsuit in civil court. The NYCCHR will not assess a penalty for an employer’s first violation, provided the employer cures the violation within 30 days. Employers that do not cure the first violation or commit subsequent violations may have to pay civil penalties up to $250,000.
October 19, 2022
Stroock Client Alert
By: Howard S. Lavin, Elizabeth E. DiMichele
As we previously shared New York City Introduces Pay Range Salary Transparency Requirements and NYC Pay Transparency Law Update, effective November 1, 2022, employers advertising jobs in New York City must include a good faith salary range for every advertised job, promotion, and transfer opportunity. The New York City Commission on Human Rights (“NYCCHR”), which enforces this pay transparency requirement, has issued a factsheet to assist employers.
All employers with four or more employees or one or more domestic workers are covered. All employees do not need to work in the same location, or even work in New York City. Rather, as long as one of the employees works in New York City the workplace is covered. Indeed, covered employers must include a good faith salary range when advertising for positions that can or will be performed, in whole or in part, in New York City, whether from an office or remotely from the employee’s home, including hybrid positions. Postings are covered regardless of whether they seek full or part-time employees, interns, domestic workers or independent contractors.
Covered employers must state the minimum and maximum salary they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. Salary does not include other forms of compensation or benefits, such as health insurance, 401k plans, paid time off, and severance. However, the range cannot be open-ended.
An “advertisement” is a “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants,” including postings on internal bulletin boards, the internet, newspaper ads and printed flyers. Employers, however, are not required to use advertisements.
The NYCCHR will investigate alleged violations, and workers with claims against their current employer can also file a lawsuit in civil court. The NYCCHR will not assess a penalty for an employer’s first violation, provided the employer cures the violation within 30 days. Employers that do not cure the first violation or commit subsequent violations may have to pay civil penalties up to $250,000.
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