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New York City’s salary transparency law (Local Law 32 for 2022, the “Salary Disclosure Law,” which we previously blogged about here and here)–originally set to take effect on May 15, 2022–could now take effect November 1, 2022 if a new bill is signed into law by New York City Mayor Eric Adams. On April 28, 2022, the New York City Council voted to approve a bill amending the Salary Disclosure Law by:

  • Clarifying that the law applies to employees who are paid hourly or through an annual salary;
  • Emphasizing that the law does not apply to positions that cannot or will not be performed in New York City;
  • Limiting lawsuits based on the law to lawsuits brought by individuals who are current employees bringing an action against their employer for advertising a job, promotion or transfer without posting a minimum and maximum hourly wage or annual salary;
  • Stating there is no monetary penalty for the first violation of the law, and that employers will have 30 days to correct the violation; and
  • Changing the effective date of the law to November 1, 2022.

Businesses have rallied against the law on several fronts, including lobbying for a restriction on the companies subject to the law, for general “help wanted” notices that an employer is hiring without reference to any particular position to be excluded from the law’s requirements, and seeking full exemptions for companies with fewer than 15 employees. However, none of these were included in the version of the amendment passed on April 28. Stay tuned for any updates on the Salary Disclosure Law, and contact your Baker McKenzie employment attorney for all of your employment needs.