New York City To Require Salary Transparency in Job Postings

On January 15, 2022, the New York City Council enacted an amendment to the New York City Human Rights Law which will require employers to list salary information in job postings. Employers who fail to include the minimum and maximum salary offered for any position located within New York City may be subject to penalties including damages, attorneys’ fees, and fines.

The NYC salary transparency law will go into effect in May 2022 and applies to public and private sector employers with four or more employees. “Employees” include full and part-time employees, permanent and temporary employees, interns, independent contractors, and employees who are family members of the employer. The law applies to all job opportunities including internal promotion and transfer opportunities. The law does not apply to temporary positions with temp agencies.

Employers must post what they believe, in good faith, to be the minimum and maximum salary for the position at the time of the posting. In the coming months, the New York City Commission on Human Rights will issue rules and guidance regarding the law. This law is part of an effort to address pay inequity through transparency.

A similar bill is before the New York Senate, and other states, including Colorado, Maryland, Washington, Connecticut, and Nevada, have passed comparable pay transparency laws.