In an effort to address gender-based pay disparities, effective May 15, 2022, the New York City Human Rights Law ("NYCHRL") will require employers with four or more employees that advertise jobs in New York City to include a good faith salary range for every job, promotion, and transfer opportunity advertised.

Covered Advertisements and Job Postings

Any advertisement for a job, promotion, or transfer opportunity that will or can be performed, in whole or in part, in New York City, whether from the employer's office or remotely, including from the employee's home, is covered. According to the New York City Commission on Human Rights (the "Commission"), an "advertisement" is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants regardless of the medium in which it is disseminated. Covered listings include postings on internal bulletin boards, Internet ads, printed flyers distributed at job fairs, and newspaper ads. However, the NYCHRL does not prohibit employers from hiring without using an ad or require employers to create an ad in order to hire.

Consistent with the scope of the NYCHRL, the Commission's guidance reminds businesses that the salary range requirement applies to posting opportunities for employees (whether full-time or part-time), interns and independent contractors.

Required Information

Employers must disclose the expected minimum and maximum salary they, in good faith believe at the time of the posting, they are willing to pay for the job, promotion, or transfer opportunity. The Commission explains that "good faith" means the salary range the employer honestly believes at the time they list the job advertisement that they are willing to pay the successful applicant(s). Employers must include both a minimum and a maximum salary. The range cannot be open ended, such as "$15 per hour and up" or "maximum $50,000 per year". If there is no flexibility in the salary, then the minimum and maximum salary may be identical. Ads that cover multiple jobs, promotions, or transfer opportunities can include salary ranges that are specific to each opportunity.

Salary includes the base wage or rate of pay, regardless of the frequency of payment, such as an hourly wage of $15 per hour or an annual salary of $50,000 per year. However, salary does not include other forms of compensation or benefits, including health or other employer-provided insurance; paid or unpaid time off; retirement or savings funds like 401(k) plans; severance; overtime; or other forms of compensation, such as commissions, tips, bonuses, stock, or the value of employer-provided meals or lodging.

Small Businesses and Domestic Workers Covered

Under the NYCHRL, owners count towards the four employees, and the four employees do not need to be located in New York City. As long as one of the employees works in New York City, the workplace is covered. 

For domestic workers, such as someone working in another's home who care for children, sick or elderly individuals or perform housekeeping duties, the employer need only employ one domestic worker to be covered.

Commission to Enforce

As with other provisions of the NYCHRL, the Commission will enforce pay range salary transparency requirements. Employers found to have violated the NYCHRL may have to pay monetary damages and civil penalties, as well as amend advertisements and postings and conduct training, among other forms of affirmative relief.

Potential Delay

As noted above, the pay transparency requirement is scheduled to take effect May 15th. However, an amendment has been proposed which, among other things, delays the effective date until November 1, 2022. We will monitor developments and provide updates, as warranted. 

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