June 28, 2022

Volume XII, Number 179

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June 27, 2022

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New York City Issues Guidance on Requirement to Disclose Salary Ranges in Advertisements

The New York City Commission on Human Rights published guidance for the recently enacted Local Law 32 of 2022, which requires salary transparency in job advertisements, effective May 15, 2022.

New York City enacted legislation on January 15, 2022, requiring all covered employers to include a minimum and maximum salary for the position advertised. Unfortunately, the legislative language is minimal and vague.

Much of the new guidance appears to be parallel to guidance Colorado provided for its salary disclosure law. Colorado is the only other jurisdiction that has issued such a broad salary disclosure law related to advertisements.

Summary

Key points from the guidance include:

  • The New York City Commission on Human Rights asserts that an employer is covered if it has at least one employee who works in New York City (and at least four employees in total) or, in the case of domestic workers, just one employee in New York City.

  • The law applies to any positions that can or will be performed, in whole or in part, in New York City (including jobs worked remotely from an employee’s home).

  • The guidance applies to a broad range of workers, including full-time and part-time employees, interns, domestic workers, and independent contractors.

  • The guidance defines “advertisement” as a written description of a job, promotion, or transfer opportunity that is publicized to a pool of potential applicants (such as internal bulletin boards, internet advertisements, flyers at a job fair, or newspaper advertisements).

  • The law applies to advertisements for both hourly and salaried positions, regardless of the frequency of payment.

  • The guidance states that employers solely must provide salary or wage range in good faith.

  • The guidance excludes applicants to be in a temporary agency pool. However, employers who work with temporary agencies are required to follow the law.

In a more positive sense for employers:

  • The guidance makes clear that there is no obligation to advertise opportunities (including internal opportunities) and provides specifically that salary postings are not required for opportunities that are not advertised. It also notes that the law does not prohibit employers from hiring without using an advertisement or require employers to create an advertisement to hire.

  • The guidance does not require employers to disclose other forms of compensation or benefits (such as insurance, paid or unpaid leave, retirement plans, overtime, or other forms of compensation, such as commissions, tips, bonuses, stock, or employer-provided meals or lodging).

Pending Bill

local law, Int 0134-2022, has been introduced to amend the salary disclosure law to exclude employers with fewer than 15 employees and to move the effective date of the law to November 1, 2022.

The proposal would also add language to clarify that the law applies to both hourly and salaried positions and that it does not apply to general notices that an employer is hiring (without reference to a particular position) or to positions that are not required to be performed, at least in part, in the City of New York.

While this proposed amendment purports to be on the agenda for the City Council’s Stated Meeting on March 24, 2022, the fate of this amendment is still uncertain.

In reviewing the guidance, employers should be mindful that there are numerous other state and local laws governing disclosures of salaries in response to a query from an applicant or in offer letters that are likewise vital to address.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 83
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About this Author

Stacey A. Bastone, Jackson Lewis, EEO-1 classifications lawyer, compensation analyses attorney
Associate

Stacey A. Bastone is an Associate in the Long Island, New York, office of Jackson Lewis P.C. She assists companies in the preparation of affirmative action plans for federal contractors including job group analyses, EEO-1 classifications, utilization analyses, compensation analyses and adverse impact analyses.

In addition, Ms. Bastone successfully has defended federal government contractors during audits conducted by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) including...

(631) 247-0404
K. Joy Chin, Jackson Lewis, wage benefits lawyer, affirmative action attorney
Principal

Joy Chin is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining the firm in 1995, her practice has been devoted exclusively to employment law and related litigation and the firm’s regulatory practice.

Ms. Chin has litigated matters before local, state and federal administrative agencies and in state and federal courts. Ms. Chin is a frequent speaker on affirmative action and creating lawful diversity programs and spends much of her time counseling employers on issues relating to diversity,...

631-247-4613
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Daniel J. Jacobs, Jackson Lewis law firm, Labor Employment Attorney
Shareholder

Daniel J. Jacobs is a Shareholder in the New York City, New York, office of Jackson Lewis P.C. He assists both unionized and union-free clients with a full-range of labor and employee relations matters.
With respect to traditional labor matters, Mr. Jacobs represents clients in collective bargaining negotiations, contingency planning, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court.
Mr. Jacobs also has experience assisting clients in numerous industries with the...

212-545-4000
Associate

Shannon D. Azzaro is an associate in the New York City, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

Shannon has experience in handling wage and hour class and collective actions, restrictive covenant litigation, and employment discrimination claims. She represents management in state and federal courts, and before administrative agencies including the Equal Employment Opportunity Commission, the New York State...

212-545-4011
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