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Update: Potential Delay in Pay Transparency Law Requiring Salary Ranges in Job Postings

A law enacted by the New York City (NYC) Council, in late December 2021, was scheduled to take effect on May 15, 2022, requiring employers to disclose a salary range for positions in all internal and external job postings. On April 28, 2022 the NYC Council amended the law to delay its effective date until November 1, 2022.

In addition to extending the implementation date, the NYC Council also voted to approve a bill amending the law. The changes include the following:

1. For clarity purposes, the law has been revised from requiring “minimum and maximum salary” to requiring “minimum or maximum annual salary or hourly wage” for the advertised job.

2. Emphasizes that the law applies to positions that can or will be performed (in whole or in part) in NYC, whether from an office, in the field, or remotely. This broad definition includes jobs based in NYC, jobs that are fully remote if the remote location is in NYC, and hybrid jobs in which employees commute to NYC for a day or more per week.

3. The law creates 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.

4. The amended law offers employers a “notice and cure” provision for their 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”.

It is anticipated that the NYC Council will issue revised compliance guidance.

PMP will continue to monitor any further developments and will keep you updated.


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