NYC Pay Transparency Law Implementation Delayed till November 2022

Just two and a half weeks before the New York City pay transparency law was to become effective (originally May 15, 2022), the New York City Council passed an amendment to delay requiring that employers disclose pay ranges for posted positions until November 1, 2022. The original law was also amended to include the following changes:

• Maintains that all employers with four or more employees are subject to the pay transparency law.
• Adds coverage for hourly-paid workers in the pay transparency law by requiring that the “minimum and maximum annual salary or hourly wage” for the advertised position be posted.
• Concerning remote workers, the pay disclosure requirement does not apply to positions that cannot or will not be performed, at least in part, in New York City. However, if a position could be filled by a candidate who resides in New York City, then an advertised position for remote work must disclose a pay range.
• Creates a limited private right of action that employees can bring against current employers.
• Provides a right to cure for an employer’s first violation if the violation is cured within 30 days

Guidance published by the New York City Commission on Human Rights (NYCCHR) earlier this spring provided clarification concerning the scope of the law and its applicability to remote workers

Pay range disclosure laws continue to advance in states and municipalities across the U.S. Agencies will need to review these laws and update their hiring practices and online job postings to ensure they are in proper compliance. An updated chart that includes all state and municipalities pay range transparency can be found here.