January 28, 2023

Volume XIII, Number 28

Advertisement

January 27, 2023

Subscribe to Latest Legal News and Analysis

January 26, 2023

Subscribe to Latest Legal News and Analysis

January 25, 2023

Subscribe to Latest Legal News and Analysis

New York City Pay Transparency Law to Take Effect in November 2022

The New York City Council has pushed back implementation of the salary transparency law from May 15, 2022, to November 1, 2022.

On January 15, 2022, New York City enacted legislation requiring all covered employers to include a minimum and maximum salary for the position advertised. The new law was set to go into effect on May 15, 2022. However, following the City Council’s passage of an amendment to the law, assuming the mayor signs it, the effective date will be November 1, 2022.

The other changes to the legislation include:

  • The law has been revised for clarity, from requiring “minimum and maximum salary” to requiring “minimum and maximum annual salary or hourly wage” for the advertised position.

  • The amendment reinforces a limited exception to the requirements for positions that cannot or will not be performed, at least in part, in New York City (job advertisements for temporary employment at temporary help firms remain excluded).

  • The amendment creates a limited private right of action, stating: “[E]mployee may bring such an action against their current employer for an alleged violation of this subdivision in relation to an advertisement by their employer for a job, promotion or transfer opportunity with such employer.”

  • The amendment provides a civil penalty of $0 for a first violation if the violation is cured within 30 days of service of complaint (requires electronic or in-person proof of curing of the violation, but proof also constitutes an admission of liability).

We expect the City to issue revised compliance guidance.

Jackson Lewis P.C. © 2023National Law Review, Volume XII, Number 119
Advertisement
Advertisement
Advertisement

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
Michael Jakowsky Attorney Employment Litigation Jackson Lewis
Principal

Michael Jakowsky is a Principal in the New York City, New York, office of Jackson Lewis P.C. His practice focuses on employment litigation as well as advising clients on a variety of workplace issues, including wage and hour and reductions in force.

Mr. Jakowsky regularly counsels clients on a wide range of issues across many different practice areas involving federal, state, and local employment laws, including the FMLA, FLSA, WARN, state/local wage hour, and related requirements.

Mr. Jakowsky also assists clients in numerous industries with...

212-545-4086
Advertisement
Advertisement
Advertisement