New Jersey Employment Lawyer Blog
Starting soon, most job advertisements in New York City will be required to list the salary range for the job.
More specifically, the failure to include salary range information in a job posting will be unlawful discrimination in violation of the New York City Human Rights Law (“NYCHRL”). To comply with the law, the salary range must not go beyond what the employer believes, in good faith, is the range it would pay someone for the job at the time of the job posting.
In most respects, the law will apply only to employers of at least four employees during the prior year, including independent contractors who are working “in furtherance of an employer’s business enterprise.” However, when there is a claim of gender harassment, then the requirement will apply to employers of all sizes.
In addition to applying to employers, this requirement also will apply to employment agency and other agents of employers. It applies to advertisements to hire new employees, as well as postings for promotions and transfer opportunities.
Obviously, the intent of this law is to create additional transparency in an effort to reduce pay discrimination. Hopefully, by requiring employers to publish salary range information, employees are more likely to be paid based on their credentials and experience, rather than based on unlawful factors such as their gender, race, or national origin.
This new law was enacted on January 15, 2022, and will not go into effect for 120 days. In other words, it will go into effect on May 15, 2022.
You can read the full text of the legislation on the New York City Council’s website, here.