On March 22, 2022, the New York City Commission on Human Rights (NYCCHR) published long-awaited guidance regarding New York City’s salary disclosure law, which requires employers to post the anticipated “minimum and maximum salary” in job advertisements. The law, which was passed on December 15, 2021, and takes effect on May 15, 2022, requires employers to include a “good faith” salary range in any external or internal job posting, as well as a promotion or transfer opportunity.

Covered Postings

The guidance clarifies that “advertisement” is to be interpreted broadly to include postings, whether printed or electronic. Any job that is to be performed in New York City is covered by the law. The guidance clarifies that this “should” include positions that can be performed “from an office, in the field, or remotely from the employee’s home.”

Positions for which the applicable salary range must be posted include both full-time and part-time opportunities, as well as all others seeking workers covered under the New York City Human Rights Law (NYCHRL), including “interns, domestic workers, [and] independent contractors.”

The guidance also confirms that the new law does not impose a requirement for employers to advertise jobs. Similarly, employers may hire without listing a position.

“Salary” Defined

The guidance clarifies that minimum and maximum salary ranges are required for both hourly and salaried positions. Employers do not have to include other forms of compensation when considering the minimum and maximum salary ranges, such as health benefits, overtime, commissions, or bonuses.

The guidance also clarifies that the minimum and maximum salary “cannot be open ended.” However, an employer may choose to set the minimum and maximum as a fixed amount (e.g., $50,000 per year) if the employer is unable to provide a range.

Key Takeaways

Employers in New York City may wish to review the above requirements to ensure their practices are in compliance with the obligations articulated in the law.

Ogletree Deakins’ New York office will continue to monitor developments with respect to the implementation of the law and its impact on the workplace, and will post updates on the New York blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.