New York City’s New Pay Transparency Law

The recent New York City Pay Transparency law requires covered New York City employers to post the salary or salary range for jobs that can or will be performed in New York City, either in office or remotely.  Employees who report violations of the new law may receive monetary damages if affected.  Further, the New York City Commission on Human Rights may require employers to take remedial measures to correct postings in violation of this new law or train employees to create postings that comply with this law, to post informative notices of employee’s rights, or other affirmative relief.  However, an employee who is reporting the first complaint of an employer’s violation of this law may not result in any civil penalty if the employer fixes such violation within 30 days of receiving notice of a violation.

Effective, November 1, 2022, as per the New York City Human Rights Law, New York City employers with four employees or more, or one or more domestic workers must post a good faith salary or salary range that the employer believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.  An employment agency is considered a covered employer.  However, temporary helps firms are not considered covered employers.

A salary or salary range can include both an annual wage or an hourly wage regardless of the frequency of pay.  A salary or salary range does not include benefits such as medical insurance, paid or unpaid time off, contributions to retirement accounts, and other forms of compensation or benefits.

Since the law is new, there may be some uncertainty on what a violation of this law looks like.  Therefore, you should speak to an experienced New York employment law attorney, as your employer may be in violation of this law.  To learn more or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. for a free consultation.