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By: Sean Phelan
In a recent development concerning New York employment law, starting in April 2022, New York City employers with four or more employees must include a “salary range” for a position in prospective job postings. The law, which passed on January 15, 2022 – after the mayor did not take action to veto – amends the New York City Human Rights Law (NYCHRL) by making it an unlawful discriminatory practice for a New York City employer to post a job, promotion, or transfer opportunity without including the minimum and maximum salary being considered for that particular job.
Additionally, the employer should determine the salary range based on what “the employer in good faith believes” such a salary will be for the position at the time of posting the advertisement. Given the new law does not define “salary” in the legislation, employers should post the salary ranges for salaried and exempt positions, and the hourly rate range for hourly non-exempt positions. However, the law does not apply to job advertisements for temporary positions at temporary help firms, with the caveat that such listings are required to provide wage information pursuant to the New York State Wage Theft Prevention Act.
The New York City Council approved the bill in December, with the objective of promoting equitable pay – a hope the Council has acted on with prior legislation, such as instituting a salary history ban in 2017. The NYC Commission on Human Rights has not yet provided further guidance on this law, which should be forthcoming on their NYCHRL webpage prior to the law taking effect in April. It is strongly recommended employers review the new law and seek legal counsel, so as to ensure they take necessary steps to prepare for compliance with their job postings prior to April 1, 2022, as employers which fail to comply with the law may be liable under the NYCHRL. The NYCHRL authorizes the NYC Commission on Human Rights to impose civil penalties up to $125,000 for unlawful discriminatory practices or acts and permits individual lawsuits, through which employees may recover compensatory and punitive damages as well.
If you have questions regarding this far-sweeping new legislation or need any assistance with how to implement compliance in your workplace, please contact the Freeman Mathis & Gary, LLP labor and employment team of litigators.