The NYC Pay Transparency law enacted by the New York City Council is scheduled to take effect on November 1, 2022. The law requires employers to disclose “minimum and maximum annual salary or hourly wage” for all advertised positions. The law was originally meant to take effect on May 15, 2022, but amendments to the law delayed implementation.
The law requires:
1. NYC employers with four or more employees, including independent contractors, and employers with at least one domestic worker, to disclose minimum and maximum salary and hourly wage for positions in all internal and external job postings.
2. The wage range advertised must be in “good faith,” meaning the range of the salary or hourly wage the employer honestly believes it will pay a successful applicant. Open-ended ranges cannot be advertised in job postings, such as “$15 per hour and up” or “maximum $50,000 per year.”
3. Employers to disclose wage ranges for jobs based in NYC, jobs that are fully remote if the location is in NYC, and hybrid jobs in which employees commute to NYC for a day or more per week.
Additionally, the amended law offers:
4. A limited private right of action, limiting lawsuits based on the law to lawsuits brought by current employees bringing an action against their employer for advertising a job, promotion, or transfer opportunity without posting a minimum or maximum annual salary or hourly wage.
5. A “notice and cure” provision for an employer’s first violation. There will be no penalty for first violations if the employer corrects the violation within 30 days. However, an employer’s submission of proof that a violation was corrected “shall be deemed an admission of liability for all purposes.”