Effective November 1, 2022, employers in New York City must disclose salary ranges on job ads and postings. Law 2022/032, under the New York City Human Rights Law (“NYCHRL”), asserts that not including the minimum and maximum salaries offered for a role would be an unlawful discriminatory practice.
The salary transparency provisions of NYCHRL were enacted on January 15, 2022, and amended on May 12, 2022.
- Who does this law apply to? The salary transparency provision applies to all employers with four or more employees or one or more domestic workers. Owners and individual employers count towards the four employees. The employees do not need to work in the same location, nor do they need to all work in New York City. As long as one of the employees works in New York City, the workplace is covered. Employment Agencies are also covered by the new law, regardless of their size.
- Which job listings are covered by the new law? The new law covers any advertised job that could be performed in New York City. The law does not prohibit employers from hiring without using an advertisement or require employers to create an advertisement in order to hire.
- What information must be included in covered job advertisements? Employers must state the minimum and maximum salary they, in good faith, believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity.
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).
With this pay transparency law, New York City joins a growing number of cities and states 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.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.