May 22, 2022

Volume XII, Number 142

Advertisement
Advertisement

May 20, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

New York City Mayor Signs Amended Salary Disclosure Bill Into Law

Employers can breathe a sigh of relief … for now. On May 12, 2022, New York City Mayor Eric Adams signed Introduction Number (Int. No.) 134-A into law, just days before the current salary disclosure law was set to take effect. New York City’s salary disclosure law will now take effect on November 1, 2022.

Now that employers have some additional time to ensure compliance with the law and its amendments, below is a recap of the requirements:

  • Employers with four or more employees or one or more domestic workers (at least one of whom must work in New York City) are required to disclose minimum and maximum salary ranges in job postings.

  • The salary range must also be included anytime there is a posting for an internal promotion or transfer opportunity.

  • Salary disclosure requirements apply to both hourly and salaried employees, though other forms of compensation, such as bonuses, tips, and paid time off do not have to be included.

  • The minimum and maximum salary range is not required for “[p]ositions that cannot or will not be performed, at least in part, in the city of New York.”

  • The law does not apply to job advertisements from temporary help firms that seek candidates to apply to temporary positions.

There are no monetary penalties for a first violation, as long as the employer is able to provide proof that it has cured the alleged violation within thirty days of service of a complaint. Following a first violation, the New York City Commission on Human Rights has the authority to impose civil penalties of up to $250,000. While only employees have a private right of action under the law against their current employers, employees who bring suit in court may also recover monetary damages, including punitive damages.

Employers may want to review the above requirements and begin to bring their practices into compliance with the law prior to its effective date.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 133
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