Effective November 1, 2022, employers advertising jobs in New York City will be required to includea good faith salary range for every job, promotion, and transfer opportunity advertised. New York’slegislature has passed a similar law which has not yet been signed by the Governor.
To which employers does the law apply?
As this is an amendment to the New York City Human Rights Law (“NYCHRL”), the new law applies to all employers with four or more employees.
Are all job listings covered by the new law?
Any advertisement for a job, promotion, or transfer opportunity that can or will be performed in New York City is subject to these new requirements.All written descriptions of such openingsfor employees, independent contractors, or interns which are publicized to a pool of potential applicants (whether internally or externally) are included. This covers, but is not limited to,postings on internal employer bulletin boards, internet advertisements, printed flyers for distribution, and newspaper advertisements. The law does not prohibit employers from hiring without using an advertisement or require that employers create an advertisement to hire.
What information should be included in job advertisements?
Employers must identify the good faith minimum and maximum salary they are willing to pay at the time of the posting for the advertised job, promotion, or transfer opportunity. The listed information must include the low and high range for each listed position, so references to “$20 and up” or “up to $40,000” would not conform with the law. If only one rate is listed, that is to be interpreted as meaning both the minimum and the maximum are identical. It is not necessary to include remuneration beyond the base hourly wage or annual salary. For example, benefits, paid time off, IRA contributions, overtime pay, bonuses, or other perquisites need not be listed.
How will the law be enforced?
Members of the public(and employees) can seek relief through the New York City Commission on Human Rights (“NYCHR”) andemployees can also file a lawsuit in court. In addition, the NYCHR’s Law Enforcement Bureau can pursue its own investigations.
What are the penalties for violating this law?
Violators may have to pay money damages to affected employees, update advertisements and postings, create or update policies, conduct training, and provide notices of rights to employees or job applicants. An employer’s first violation which is remedied within 30 days will not result in a civil penalty. Ongoing, uncured violations of the law could result in civil penalties of up to $250,000.