State Pay Range Disclosure Laws Update: Guidance Issued in NYC; Revised Law in WA

Pay range disclosure laws continue to advance in states and municipalities across the U.S, with more possible as we inch toward the end of the 2022 state legislative season. 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. 

New York City Update

Per Int. No. 1208-B, beginning on May 15, 2022, all New York City employers must state the minimum and maximum salary range associated with an advertised “job, promotion, or transfer opportunity,” both internally and externally. The New York City Commission on Human Rights (NYCCHR) recently issued guidance on the impending disclosure requirement in the form of a fact sheet.The guidance confirms that the salary transparency law applies to employers with four or more employees. The four employees do not all need to work in New York City to trigger coverage. It also clarifies that the advertisement does not need to include other forms of compensation or benefits. Other key takeaways from the guidance document can be found here. 

In March 2022, members of the New York City Council also introduced Int. 134, a bill that would amend New York City’s impending pay transparency law and delay its implementation until November 1, 2022. Int. 134 is now being considered by the New York City Council after a lengthy hearing was held on April 5. Business groups testified at length against the current law. If amendment bill Int. 134 is passed 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. At this time, Mayor Adams has not taken a position on the proposed amendments.

Washington State Update

Washington state recently doubled down on its salary transparency legislation.

In May 2021 Washington implemented one of the more moderate approaches to pay transparency. Under this current law, employers with 15 or more employees are required to provide applicants the “minimum wage or salary” for a position, but only after an offer has been made and upon applicant request. Similarly, employers must also provide the “wage scale or salary range” for internal transfers, but only after an internal transfer or promotion has been offered and upon employee request.

In March 2022, Washington enacted a new pay transparency law to better align itself with the more aggressive pay transparency regime implemented in Colorado. Starting on Jan. 1, 2023, Washington employers with 15 or more employees will now be required to affirmatively disclose in all job postings a “wage scale or salary range” and a description of “benefits and all other compensation,” regardless of offer status or applicant request. Similarly, employers would also be required to disclose the “wage scale or salary range” for internal transfers.