From May 15, 2022, employers in New York City will be required by law to disclose salary ranges on job ads. Law 2022/032, under the New York City Human Rights Law (“NYCHRL”), would make it an unlawful discriminatory practice to not include the minimum and maximum salary offered for any position in job listings. The law does not set a geographic scope or address remote workers.The law applies to employers with four or more employees, including contractors, and all their advertised open positions, promotions, or transfer opportunities. The law does not explicitly exempt non-salaried or hourly positions and internal job listings.Temporary staffing firms are exempt from this requirement.All covered employers, including those sponsoring foreign nationals for temporary or permanent employment, should take steps to ensure compliance.
The New York City Council initially passed the requirements in December 2021, and the bill became law on January 15, 2022. The new law will go into effect on May 15, 2022.
Erickson Insights
With this pay transparency law, New York City joins a growing number of cities and states, including California, Colorado, Maryland, Nevada, and Washington, asking employers to provide salary range information to candidates and employees. Several other states and cities across the country are expected to follow suit. EIG is monitoring this trend and will provide further updates as they become available.To comply with this new law, all covered job ads, including those posted in connection with foreign labor applications, should list maximum and minimum salary. These applications include but are not limited to Labor Condition Applications (LCAs) and Permanent Labor Certifications (PERM).Please contact EIG if you have any questions about this new law and its impact on your foreign labor applications and would like to discuss compliance requirements.