As we previously reported, at the end of last year, the New York city council passed a bill to require NYC employers with four or more employees to disclose in job postings – including those for promotion or transfer opportunities – the minimum and maximum salary offered for any position located within New York City. It was enacted on January 15, 2022 after Mayor Eric Adams took no action on the bill. As a result, New York City employers must disclose expected salary ranges on internal and external job listings beginning May 15, 2022.
While we believe the city will issue guidance on the law closer to the effective date, here are several things employers should keep in mind:
- Multi-state employers should consider a national policy for salary transparency given the growing number of jurisdictions requiring salary transparency (for more information, refer to our previous post).
- Set (or review) standard salary ranges for all existing positions. Along those lines, consider an internal audit with counsel of current employee salaries to make sure there are no significant discrepancies or inequities. Equal pay claims are on the rise and this is a good time to review how you determine salary and the relevant factors you rely on for determining compensation.
- Develop a process for consistently publishing information in connection with internal and external job postings.
- Beyond just job postings, review any other related human resources documents (e.g., job descriptions and compensation policies) to ensure that any salary representations are consistent with the salary range set for a given position.
- Last, be sure to train supervisors, managers, compliance personnel and human resources professionals on the implications of the new law.
Please contact your Baker McKenzie employment lawyer for help complying with this new obligation.