Effective May 15, 2022, most employers seeking applicants for jobs that will be performed in New York City, whether from an office, in the field or remotely, must include certain compensation information in the job listing. A “job listing” is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, including job postings on internet job search sites or posts (including via an employer’s LinkedIn page), internal bulletin boards, internal advertisements, printed flyers distributed at job fairs and newspaper advertisements (“Job Listing”).
Covered Employers
This law applies to employers, including employment agencies, with 4 or more employees (including the business owners) or at least one domestic worker, so long as at least 1 employee works in New York City (“Covered Employers”). The law does not apply to Job Listings for employment at a temporary help firm (i.e., staffing or temp agency).
Good Faith Minimum and Maximum Salary Information
Covered Employers must state the minimum and maximum base hourly or salary rate of pay (“Salary Information”) in each Job Listing, and the range cannot be open ended. The Salary Information must be stated in “good faith,” meaning the Covered Employer must honestly believe that they are willing to pay the successful applicant(s) a rate of pay in the stated range at the time they publish the Job Listing. For example, “$15 per hour and up” is not compliant, but “$15-$20 per hour” is sufficient. If an employer has no flexibility in the pay rate, the specific rate may be stated - for example, “$20 per hour” or “$100,000 per year” is acceptable.
Covered Employers are not required to include other forms of compensation or benefits offered in the Job Listing, such as health insurance, paid or unpaid time off, retirement plans, severance pay, overtime pay, commissions, tips, bonuses, stock, meals or lodging.
Penalty for Failure to Include Salary Information
Failure to include the Salary Information in a Job Listing will constitute an unlawful discriminatory practice in violation of the New York City Human Rights Law. Accordingly, Covered Employers who do not comply with the law may be subject to monetary damages to affected individuals and civil penalties of up to $250,000. Covered Employers may also be required to take steps to rectify the violation, such as amending their Job Listings or conducting training regarding the requirements.
Potential Amendments
The New York City Council is presently considering a bill that would push back the effective date of the Salary Information requirement to November 1, 2022 and exclude employers with less than 15 employees from coverage. However, there has not been much progress on the bill to date, so Covered Employers should still prepare to begin complying with these new Salary Information requirements by May 15, 2022.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
