May 25, 2022

Volume XII, Number 145

Advertisement
Advertisement

May 25, 2022

Subscribe to Latest Legal News and Analysis

May 24, 2022

Subscribe to Latest Legal News and Analysis

May 23, 2022

Subscribe to Latest Legal News and Analysis

New York City Council Passes Bill Requiring Minimum and Maximum Salaries in Job Postings

On December 15, 2021, the New York City Council passed a bill that would require New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary information in job postings. The bill, which has not yet been signed by the mayor, would amend the New York City Human Rights Law (NYCHRL) and go into effect 120 days after it is signed into law. It remains to be seen whether Mayor-elect Eric Adams will choose to sign the bill, should Mayor Bill de Blasio fail to do so before he leaves office in the coming days.

The bill makes it an “unlawful discriminatory practice” for a covered employer to post a job advertisement without setting forth the anticipated “minimum and maximum salary” for the position. The bill also requires the salary range to be included anytime there is a posting for an internal promotion or transfer opportunity. An employer may set this minimum and maximum salary range based on what “the employer in good faith believes” the highest and lowest salaries will be for the position at the time of the advertisement.

The proposed amendment’s requirements would not apply to job postings by temporary help firms for temporary positions.

The existing provisions of the NYCHRL authorize the New York City Commission on Human Rights to impose civil penalties of up to $125,000 for unlawful discriminatory practices or acts. Individuals who bring suit in court to redress violations of the NYCHRL may also recover monetary damages, including, but not limited to, punitive damages.

Employers in New York City may wish to review the above requirements and begin to think about aligning their practices with the obligations articulated in the bill.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 357
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Kelly Cardin Employment lawyer Ogletree Deakins.
Shareholder

Kelly M. Cardin is an associate in the Stamford office of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the...

203 969 3109
Jessica Schild Employment Law Attorney at Ogletree Deakins law firm in New York
Associate

Jessica Schild is an associate in the New York City office where she represents management in all aspects of litigation, including class and collective wage and hour actions, discrimination and harassment litigation, as well as handling charges before federal, state, and local agencies.

Ms. Schild is a graduate of the Hofstra University School of Law where she served as Editor-in- Chief of the Hofstra Labor and Employment Law Journal. During law school, she was also a member of Hofstra Law’s Dispute Resolution Society and successfully competed in several external...

212-492-3571
Advertisement
Advertisement
Advertisement