Effective November 1, 2022, New York City employers must include a good faith salary range for every advertised job, promotion, and transfer opportunity.
Who Is Covered? The law covers all employers with four or more employees or one or more domestic workers. Employment agencies are also covered by the law. Note, however, that the law does not apply to temporary help firms, which are defined by the New York City Commission on Human Rights (“NYCCHR”) as “businesses that recruit, hire, and assign their own employees to perform work or services for other organizations.” See New York City Commission on Human Rights May 12, 2022 Salary Transparency In Job Advertisements Fact Sheet.
What is covered? Any advertisement – which is defined by the NYCCHR as “a written description of an available job, promotion or transfer opportunity that is publicized to a pool of potential applicants”- for a job, promotion or transfer opportunity that would be performed in New York City is covered by the new law. See id. Note that the law applies to positions that would be “performed, in whole or in part, in New York City, whether from an office, in the field, or remotely from the employee’s home.” See id.
What needs to be included in the job advertisements? Employers are required to include the minimum and maximum salary “they in good faith believe at the time of the posting” in the job advertisements. See id. “Good faith” means “the salary range the employer honestly believes at the time they are listing the job advertisement that they are willing to pay the successful applicant(s).” See id.
How is the law enforced? The New York City Commission on Human Rights is the agency enforcing this law. “Employers and employment agencies who are found to have violated the NYCHRL [New York City Human Rights Law] may have to pay monetary damages to affected employees, amend advertisements and postings, create or update policies, conduct training, provide notices of rights to employees or applicants, and engage in other forms of affirmative relief.”
If you have any questions about the New York City Salary Transparency Law, please contact Curcio Mirzaian Sirot LLC.
* Frank A. Custode, Esq. is a Partner of Curcio Mirzaian Sirot and the Chair of the firm’s Employment Practice.