December 8, 2022

Volume XII, Number 342

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NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending the effective date to November 1, 2022.  The bill is currently before Mayor Eric Adams for his signature.

The version of the bill approved by the Council differs in some respects from the original version originally introduced.  As was the case in the previous version of the bill, the approved version:

  • as noted above, extends the effective date of the law to November 1, 2022 from the current May 15, 2022 date;

  • changes references to the term “salary” in the law to read “annual salary or hourly wage,” with the stated purpose of clarifying that both hourly and salaried positions are covered by the law; and

  • adds language to make clear that the law does not apply to positions that cannot or will not be performed, at least in part, in the city of New York.

However, the approved version of the bill eliminates the provision of the original bill that would have excluded employers with fewer than 15 employees from coverage (thus retaining the current 4 employee threshold for coverage).  The approved version also does not include a provision in the original bill that would have excluded “general notices that an employer is hiring without reference to any particular position” from the salary range requirement.

In newly added provisions, the approved version of the bill also:

  • provides that “[n]o person shall have a cause of action . . . for an alleged violation of this subdivision, except that an employee may bring such an action against their current employer for an alleged violation . . . in relation to an advertisement by their employer for a job, promotion or transfer opportunity with such employer,” thus seemingly limiting a private right of action under the law to current employees and excluding applicants; and

  • creates a “safe harbor” provision which permits covered entities to avoid a civil penalty for a first-time violation of the law if, within 30 days of the service of a copy of a complaint of a violation, the covered entity provides proof to the NYC Commission on Human Rights that the entity has cured the violation.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 122
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About this Author

Allan Bloom, Litigation Attorney, Proskauer Rose Law Firm
Partner

Allan Bloom is an experienced trial lawyer who represents management in a broad range of employment and labor law matters. He has successfully defended a number of the world’s leading financial services, investment management, technology, consumer products, telecommunications, publishing, insurance, construction, and lodging companies, as well as global law firms and cultural institutions, against claims for unpaid wages, employment discrimination, breach of contract, and wrongful discharge, both at the trial and appellate court levels.

212.969.3880
Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour...

212-969-3631
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