New York, NY: New Salary Range Disclosures in Job Postings
Employers with 4+ Employees (with at least one Employee in NYC)
November 1, 2022
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New York City recently passed and subsequently amended a law requiring employers to include pay ranges in job postings. The City’s Commission on Human Rights also issued new guidance to help employers comply with the requirements. The law applies to all employers who have four or more employees, with at least one of those employees working in New York City. Job advertisements for positions not performed in the City of New York and temporary positions at temporary help firms are not subject to the requirements. Covered employees include full-time, part-time, interns, domestic workers, and independent contractors.
Extended to November 1, 2022, all employer job postings must include a good faith annual salary or hourly wage range for every job, promotion, and transfer opportunity that is advertised. The rule defines an advertisement as any “written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants.” The definition includes, but is not limited to, job postings online or on a company intranet, flyers at job fairs, and newspaper ads.
When including a salary range, the employer must provide the minimum and maximum annual salary or hourly wage they honestly believe they are willing to pay for the job. Salary ranges cannot be open ended. The definition of “salary” is simply the base wage or rate of pay. Other forms of compensation including health insurance, paid leave, or retirement benefits are not required.
Only employees may bring a cause of action for violations of the law. Employers are subject to a civil penalty of $0 for the first violation if the employer cures the violation within 30 days of service of an employee complaint. Employers found to violate the law may face a penalty of up to $250,000 for uncured first violations or any subsequent violation.
- Review updated guidance recently released.
- Have hiring procedures updated for compliance.
- Have appropriate personnel trained on the new requirements.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase