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.
Ogletree Deakins’ New York office will continue to monitor developments with respect to Int. No. 134-A and its impact on the workplace and will post updates on the New York and Pay Equity blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.
