On January 15, 2022, the New York City Council adopted an amendment to the New York City Human Rights Law (NYCHRL), requiring covered employers to include salary ranges for positions open to prospective or current employees. Employers with four or more employees (including independent contractors) are covered by the law. The new Local Law, which takes effect on May 15, 2022, expands upon a 2017 amendment that barred employers from inquiring about a prospective employee’s “salary history.”
The Local Law provides that:
It shall be an unlawful discriminatory practice for an employment agency, employer, employee or agent thereof to advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for such position in such advertisement. In stating the minimum and maximum salary for a position, the range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.
Although in recent years many states, including New York, Connecticut, and Massachusetts, have taken measures aimed at narrowing the gender and race wage gap by enacting laws that prohibit employers from asking prospective job applicants about their salary history, New York City’s Local Law goes further by requiring employers to take affirmative steps to prevent inequity in salary.
Employers that operate in New York City should review their current practices for advertising and posting jobs, as well as update existing job postings to include salary ranges. Moreover, employers should review all relevant factors in determining salary ranges to support a good faith basis in their job postings, even if the stated salary range is later found to be mistaken. The New York City Commission on Human Rights (NYCCHR) will likely issue guidance and regulations clarifying employers’ obligations under this new Local Law.
Noncompliance with the requirements of the law will be considered an unlawful discriminatory practice under the NYCHRL. Murtha Cullina’s Labor and Employment Group remains ready to assist with advising on these changes and any other employment related matters.