For a very long-time people looking for jobs have wanted salary transparency in job listings. Now job seekers will get what they wished for in New York City.
The pay transparency rule in New York City, which will mandate that the majority of New York City firms provide salary ranges in their job advertising, will go into effect on November 1, 2022. According to the new law, covered employers must specify the minimum and maximum annual salary or hourly wage that they in good faith believe they would pay for the position when posting a job, promotion, or transfer opportunity for a position that can or will be performed, at least in part, in New York City.
Does this new law apply to my job postings?
All employers that have four or more employees or one or more domestic workers are covered by the NYCHRL, including this new provision of the law. As with other provisions of the NYCHRL, owners and individual employers count towards the four employees. The four employees do not need to work in the same location, and they do not need to all work in New York City. As long as one of the employees works in New York City, the workplace is covered. Employment Agencies are also covered by the new law, regardless of their size.
As such, employment agencies must ensure that any job listings they promote or seek to fill comply with the new salary transparency requirements. Temporary Help Firm Exception: The new law does not apply to temporary help firms seeking applicants to join their pool of available workers. Temporary help firms are businesses that recruit, hire, and assign their own employees to perform work or services for other organizations, to support or supplement the other organization’s workforce, or to provide assistance in special work situations. However, employers who work with temporary help firms must follow the new salary transparency law.
Which job listings are covered by the new law?
Any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City is covered by the new law. An “advertisement” is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants.
Such advertisements are covered regardless of the medium in which they are disseminated. Covered listings include postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.
The law does not prohibit employers from hiring without using an advertisement or require employers to create an advertisement in order to hire. Covered employers should follow the new law when advertising for positions that can or will be performed, in whole or in part, in New York City, whether from an office, in the field, or remotely from the employee’s home. Because the NYCHRL’s protections extend to many groups of workers, postings are covered regardless of whether they are seeking full- or part-time employees, interns, domestic workers, independent contractors, or any other category of worker protected by the NYCHRL.
What information must be included in covered job advertisements?
Employers must state the minimum and maximum salary they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. “Good faith” means the salary range the employer honestly believes at the time they are listing the job advertisement that they are willing to pay the successful applicant(s).
Employers must include both a minimum and a maximum salary; the range cannot be open ended. For example, “$15 per hour and up” or “maximum $50,000 per year” would not be consistent with the new requirements. If an employer has no flexibility in the salary they are offering, the minimum and maximum salary may be identical, for example, “$20 per hour.” Advertisements that cover multiple jobs, promotions, or transfer opportunities can include salary ranges that are specific to each opportunity.
Source: The New York City Commission on Human Rights
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