By Rachel H. Khedouri , Esq.
Update: Intro. 134 amending the pay transparency law was signed by Mayor Adams on May 12, 2022.
On April 28, 2022, the New York City Council approved an amendment delaying its new legislation requiring employers to publicly disclose salary ranges in job postings until November 1, 2022. {Click HERE for our February 9, 2022 eAlert announcing the passage of the legislation and HERE for our March 28, 2022 eAlert explaining the fact sheet issued by the New York City Commission on Human Rights (“Commission”) clarifying the scope of the new law.}
If signed by Mayor Adams within 30 days (or if he takes no action during this timeframe), the amendment will, in addition to pushing back the original effective date from May 15, 2022:
- Clarify that, although the law refers to “minimum and maximum salary”, it applies regardless of whether the advertised positions will be paid an annual salary or on an hourly wage basis;
- Confirm that the law does not apply to positions that cannot or will not be performed (at least in part) in New York City;
- Prevent an applicant from bringing a lawsuit against a company under this law – instead, the Commission would be the main enforcement mechanism for applicants. Current employees could, however, still bring private actions against their employers for advertising without the required salary disclosures; and
- Allow an employer to avoid a financial penalty for a first violation if it proves it has cured the issue within 30 days of a complaint.
Notably, the amendment as passed did not adopt previously proposed language that would have carved out remote work positions and limited application to employers with 15 or more employees, rather than four or more as currently stands. NFC will continue to monitor for new guidance from the Commission and other updates relating to this pay transparency law.
Despite the impending pushback of the enactment date, employers looking to fill open positions or to promote or transfer current employees should take steps now to make sure their postings meet the updated New York City requirements as well as any other applicable pay transparency law. If you need assistance preparing compliant job postings or have any questions on pay transparency laws, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.