On March 24, 2022, the New York City Council took up a new bill, Int. No. 134, which proposes changes to the local law enacted on January 15, 2022, regarding transparent pay practices. The local law, which is currently set to go into effect on May 15, 2022, makes it an “unlawful discriminatory practice” for employers with four or more employees to post job advertisements, internal promotions, or transfer opportunities without setting forth the anticipated salary ranges.

If enacted, Int. 134 would extend the effective date of the law to November 1, 2022, giving affected employers more time to comply. Additionally, the measure would alter or clarify the provisions of the existing law, as set forth below.

Applicable Only When New York City Work Is Required

The bill seeks to clarify that the law applies only when work in New York City is required. The bill thus carves out an exception where a position is not required to be performed, at least in part, in New York City, thereby making it inapplicable to remote positions that are performed in the city.

Applicable to Hourly and Salary Employees

The bill seeks to clarify that salary range disclosure requirements apply to both hourly and salaried employees.

Exemptions for General Notices

The bill seeks to clarify that payment expectations would not be required for general notices that an employer is hiring when there is no reference to any particular position.

Redefining the Term “Employer”

The law would apply only to employers with fifteen or more employees instead of four or more employees.

Int. 134 is now being considered by the New York City Council. Upon passage by the Council, the bill will be presented to New York City Mayor Eric Adams, who will have thirty days to sign the bill, veto it, or take no action. If Mayor Adams takes no action within the thirty days, the bill will become law.

Ogletree Deakins will continue to monitor developments with respect to the progress of the proposed legislation and its impact on the workplace, and will post updates on the New York and Pay Equity blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.