May 28, 2022

Volume XII, Number 148

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New York City Employers Must Include Salary Ranges in Job Postings Beginning May 15, 2022

On December 15, 2021, the New York City Council passed Int. 1208-2018 (“Int. 1208-2018”), a pay transparency bill with significant implications for employers in New York City.  Mayor Eric Adams subsequently took no action with respect to Int. 1208-2018 after its passage, and the bill accordingly became law on January 15, 2022.  Int. 1208-2018 takes effect on May 15, 2022.

Int. 1208-2018 amends the New York City Human Rights Law (“NYCHRL”) to make it an unlawful employment practice for covered employers to advertise a “job, promotion, or transfer opportunity” without stating the minimum and maximum salary for the position in the advertisement.  The stated salary range may extend “from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.”  Int. 1208-2018 does not distinguish between internal and external advertisements, meaning that employers should plan to include salary ranges for both external and internal searches.  No guidance has yet been issued as to how employers can or should identify a good faith salary range.

An employer is covered under Int. 1208-2018 if it has had four or more persons “in its employ” in the previous year.  For purposes of determining coverage, employers must count full-time, part-time, permanent and temporary employees, interns, and independent contractors.  However, Int. 1208-2018 excludes job postings for temporary employment at temporary help firms from coverage.  Penalties for violating the NYCHRL include compensatory damages, punitive damages, attorneys’ fees, and civil fines.

The New York City Commission on Human Rights is expected to release more detailed guidance regarding compliance with Int. 1208-2018 prior to its effective date.  In the meantime, covered New York City employers should begin to prepare for compliance by identifying relevant salary ranges for upcoming postings and identifying external and internal posting forms that must be updated.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XII, Number 24
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About this Author

Associate

Lindsay Colvin Stone is an associate in the Labor and Employment Practice Group in the firm's New York office.

Areas of Practice

Ms. Stone is experienced in representing employers in a wide array of labor and employment matters in judicial, arbitral and agency forums, including disputes related to restrictive covenant and non-competition agreements, misappropriation of trade secrets, wage and hour issues, wrongful termination, and discrimination and harassment. Ms. Stone also regularly counsels clients on matters relating to internal...

216-653-8184
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