As announced in our earlier blog, earlier this year legislation was passed requiring New York City employers with four or more employees to include salary ranges in job postings beginning this month.
Employers who have dreaded this mandate can breathe a temporary sigh of relief due to a recent amendment which has now been signed by Mayor Eric Adams.
The New York City Council had recently passed an amendment to the pay transparency law which was set to go into effect May 15, 2022. Signed into law this past week, the amendment most immediately delays the effective date for these changes to November 1, 2022. This delay allows employers to hold off on the requirement to publish salary ranges with job advertisements.
The amendment adds language to clarify that posted salary range information includes either annual salary or hourly wage, as applicable for the position. It also exempts positions that cannot or will not be performed, at least in part, in New York City.
The amendment further clarifies that only current employees may bring a private action against their employee for an alleged violation of the law. The original law as written seemingly allowed applicants to pursue a private claim as well.
Additionally, changes to the law allow an employer to avoid a monetary penalty on a first-time violation by correcting the violation within 30 days of notice of non-compliance.
While this delay may be welcome news to New York City employers, it remains critical that employers prepare for the new effective date in November.
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