212.627.8100On April 28, 2022, the New York City Council voted to push implementation of the city’s new pay transparency law to November 1, 2022, along with various amendments. The pay transparency law was originally scheduled to take effect on May 15, 2022.
The pay transparency law was overwhelmingly passed in December 2021 and makes it an unlawful practice for most NYC employers to post a job listing or advertisement that does not include the minimum and maximum salary offered for the position. The law applies to all New York City employers with four or more employees or one or more domestic worker. The law does not apply to temporary employment through a temp agency.
The changes clarify that the law applies to employees who are paid hourly or through an annual salary. It does not apply to positions that cannot or will not be performed in New York City. Although pay disclosure still applies to job postings for virtual positions – it only applies to those that can be done in New York City, are done in the City, or for New York City employers. The changes also add that the NYC Commission on Human Rights will administer enforcement and fines. Only a current employee can bring a lawsuit against their employer for advertising a job, promotion, or transfer without posting wage or salary ranges. Finally, the amended law explains that employers will receive a warning and 30 days to fix their first violation before facing city fines.
According to the NYC City Council’s Press Release, the law aims to bring more transparency to job seekers and help eliminate inherent bias in setting employee salaries.