Going Clear: Ensuring Compliance With Pay Transparency Laws Sweeping the Empire State
This article summarizes the pay transparency laws that will or may be effective in New York, and provides some practical guidance on how New York employers should prepare to comply.
November 04, 2022 at 02:00 PM
8 minute read
The pay transparency movement has an undeniable leader: New York. Pay transparency laws have recently proliferated in the Empire State, including a first-of-its-kind New York City law mandating pay transparency in all postings for jobs that could even conceivably be performed there. In this article, we summarize the pay transparency laws that will or may be effective in New York, and provide some practical guidance on how New York employers should prepare to comply.
New York City (Effective Nov. 1, 2022)
The New York City Salary Transparency in Job Advertisements Law (the NYC Law) will take effect on Nov. 1, 2022. It amends the New York City Human Rights Law to make it unlawful for a covered employer to advertise, either internally or externally, a "job, promotion, or transfer opportunity" without stating the minimum and maximum salary or hourly wage that the employer "in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity." Additional key features of the NYC Law are as follows:
• Employers are covered under the NYC Law if they have four or more employees, or one or more domestic worker, as long as at least one works in New York City. All full-time, part-time, permanent and temporary employees, interns, and independent contractors and business owners count towards the threshold. Employment agencies who place advertisements for employers are covered regardless of size, but the NYC Law does not apply to temporary help firms recruiting applicants to join their pool of available workers.
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