New York City Delays Pay Transparency Mandate
Author: Emily Scace, XpertHR Legal Editor
May 2, 2022
Just weeks before new requirements mandating salary listings in New York City job postings were scheduled to take effect, the city council passed an amendment that delays the implementation by nearly six months.
The law, which was initially set to take effect May 15, requires New York City employers with four or employees to include a pay range in any advertisement for a job opportunity, promotion or transfer. Under the amendment, covered employers now have until November 1, 2022, to comply.
The amendment also clarifies that a pay range may be listed either as an annual salary or an hourly wage and specifies that positions that cannot or will not be performed at least partially in New York City are excluded from the salary posting requirement.
The city council revised the law's enforcement mechanisms as well. While employees may bring a charge against their current employers for a violation of the pay transparency requirements, the amendments clarify that job applicants and other individuals not currently employed by an employer may not bring a lawsuit for alleged violations.
Finally, civil penalties for a first violation are reduced to $0 if the employer corrects the violation within 30 days of a complaint.
The amendments come on the heels of guidance from the New York City Commission on Human Rights about the scope and application of the law. That guidance defined key terms, clarified which job postings are covered, and specified that the law does not prohibit employers from hiring without using an advertisement, or require employers to create an advertisement, in order to hire.