In its effort to achieve pay equity and transparency, the New York City Council passed an amendment to the New York City Human Rights Law (NYCHRL) to create Section 8-107(32). The amendment—which becomes effective on May 15, 2022—will require employers to provide salary information with job advertisements.
The amendment applies to employers with four or more employees, as well as employment agencies. Notably, the amendment does not apply to temporary staffing agencies when advertising for temporary positions.
Pursuant to the amendment, employers will have to include the minimum and maximum starting salary for any “advertised job, promotion or transfer opportunity.” At the time of advertisement, employers must determine, in good faith, what they believe they would pay for the advertised job, promotion or transfer opportunity.
As the amendment does not define the term “salary,” employers should comply with the required disclosure, regardless of whether the position is exempt or non-exempt under state and federal laws. Failure to include a salary range would be considered an unlawful discriminatory act under the NYCHRL.
Additionally, the amendment does not clarify whether the salary range requirement applies to all jobs advertised in New York City or only postings for jobs physically located in New York City. When first introduced as a bill, the geographic scope was limited to “any position located within New York City.” However, the amendment does not contain this limitation.
Accordingly, we expect the New York City Commission on Human Rights to provide clarification on these issues.
At this time, there are no new penalties for violation of the amendment. However, violations of the amendment would be actionable by the commission, which may impose civil penalties of up to $125,000 for violations and up to $250,000 if the violation was found to be willful, wanton, or malicious. The amendment grants the commission the power to issue rules and regulations to implement and enforce the amendment.
As there are numerous questions to be answered, employers should begin reviewing their current job advertisements that are posted in New York City and job advertisements for positions physically located in New York City.
Additionally, employers should note that the New York State Senate and Assembly have introduced legislation (S5598B/A6529A) which would require all New York employers to disclose a salary range “upon issuing an employment opportunity for internal or public viewing or upon employee request.”
If you have any questions about how this amendment impacts your business, please contact: