The new pay transparency law will become effective on May 15, 2022. New York City employers should prepare for the new requirement.
Employers with at least four employees, including independent contractors, in New York City, must include in any advertisement for an open position, promotion, or transfer opportunity the minimum and maximum salary for the position in the advertisement. This requirement passes to employment agencies or their agents. Exempted from the law are temporary positions advertised by temporary staffing firms.
The salary range may include the lowest and highest salaries that the employer believes in “good faith” that they will be paying for the job, promotion, or transfer at the time of the posting.
The New York City Commission on Human Rights is required to implement the law and set civil penalties for non-compliance.
As we have reported in the past, pay transparency laws are fast becoming the norm. Currently, there are approximately 14 states and Washington, DC that prohibit employers from asking job candidates their salary history and 20 states and Washington, DC that offer protections for workers to discuss pay. The other cities that include pay transparency regulations include Cincinnati and Toledo, OH.
For clients who wish to take preventive measures to evaluate their pay practices, OutSolve’s Pay Equity Analysis Services are available. Additional information on OutSolve’s Pay Equity Analysis or other compliance services may be obtained at firstname.lastname@example.org or by calling 888-414-2410.