June 30, 2022

Volume XII, Number 181

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NYC Commission on Human Rights Issues Guidance Regarding Minimum and Maximum Salaries in Job Postings

On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 2021, and takes effect on May 15, 2022, requires employers to include a “good faith” salary range in any external or internal job posting, as well as a promotion or transfer opportunity.

Covered Postings

The guidance clarifies that “advertisement” is to be interpreted broadly to include postings, whether printed or electronic. Any job that is to be performed in New York City is covered by the law. The guidance clarifies that this “should” include positions that can be performed “from an office, in the field, or remotely from the employee’s home.”

Positions for which the applicable salary range must be posted include both full-time and part-time opportunities, as well as all others seeking workers covered under the New York City Human Rights Law (NYCHRL), including “interns, domestic workers, [and] independent contractors.”

The guidance also confirms that the new law does not impose a requirement for employers to advertise jobs. Similarly, employers may hire without listing a position.

“Salary” Defined

The guidance clarifies that minimum and maximum salary ranges are required for both hourly and salaried positions. Employers do not have to include other forms of compensation when considering the minimum and maximum salary ranges, such as health benefits, overtime, commissions, or bonuses.

The guidance also clarifies that the minimum and maximum salary “cannot be open ended.” However, an employer may choose to set the minimum and maximum as a fixed amount (e.g., $50,000 per year) if the employer is unable to provide a range.

Key Takeaways

Employers in New York City may wish to review the above requirements to ensure their practices are in compliance with the obligations articulated in the law.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 89
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About this Author

Kelly Cardin Employment lawyer Ogletree Deakins.
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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...

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Jessica Schild Employment Law Attorney at Ogletree Deakins law firm in New York
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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
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