December 9, 2022

Volume XII, Number 343

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December 08, 2022

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Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law

bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings.

As we previously reported, the new law will make it an unlawful discriminatory practice for a covered employer or its agent, or for an employment agency, to post or otherwise advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for the position in such posting or advertisement.  As enacted, the law will take effect on May 15, 2022 and will apply to employers with four or more employees.

The recently introduced bill would amend the law in a number of significant ways, namely:

  • pushing the effective date of the law to November 1, 2022;

  • excluding employers with fewer than 15 employees (as opposed to the current four employee threshold) from coverage;

  • changing references to the term “salary” in the law to read “hourly or salary compensation,” with the stated purpose of clarifying that both hourly and salaried positions are covered by the law; and

  • adding language stating that the law does not apply to: (i) general notices that an employer is hiring without reference to any particular position; and (ii) positions that are not required to be performed, at least in part, in the city of New York.

The bill will first go before the Council Committee on Civil and Human Rights for consideration.  We will continue to track and report on further developments.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 81
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About this Author

Allan Bloom, Litigation Attorney, Proskauer Rose Law Firm
Partner

Allan Bloom is an experienced trial lawyer who represents management in a broad range of employment and labor law matters. He has successfully defended a number of the world’s leading financial services, investment management, technology, consumer products, telecommunications, publishing, insurance, construction, and lodging companies, as well as global law firms and cultural institutions, against claims for unpaid wages, employment discrimination, breach of contract, and wrongful discharge, both at the trial and appellate court levels.

212.969.3880
Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
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