On December 15, 2021, the New York City Council passed a bill that would require New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary information in job postings. The bill, which has not yet been signed by the mayor, would amend the New York City Human Rights Law (NYCHRL) and go into effect 120 days after it is signed into law. It remains to be seen whether Mayor-elect Eric Adams will choose to sign the bill, should Mayor Bill de Blasio fail to do so before he leaves office in the coming days.
The bill makes it an “unlawful discriminatory practice” for a covered employer to post a job advertisement without setting forth the anticipated “minimum and maximum salary” for the position. The bill also requires the salary range to be included anytime there is a posting for an internal promotion or transfer opportunity. An employer may set this minimum and maximum salary range based on what “the employer in good faith believes” the highest and lowest salaries will be for the position at the time of the advertisement.
The proposed amendment’s requirements would not apply to job postings by temporary help firms for temporary positions.
The existing provisions of the NYCHRL authorize the New York City Commission on Human Rights to impose civil penalties of up to $125,000 for unlawful discriminatory practices or acts. Individuals who bring suit in court to redress violations of the NYCHRL may also recover monetary damages, including, but not limited to, punitive damages.
Employers in New York City may wish to review the above requirements and begin to think about aligning their practices with the obligations articulated in the bill.