NYC ISSUES GUIDANCE ON REQUIREMENTS TO DISCLOSESALARY RANGES IN ADVERTISEMENTS

The New York City Commission on Human Rights issued guidance for the recently enacted Local Law 32 of 2022, which requires salary transparency in job advertisements and goes into effect on May 15, 2022.

Key points from the guidance include:

• The New York City Commission on Human Rights asserts that an employer is covered if it has at least one employee who works in New York City (and at least four employees in total) or, in the case of domestic workers, just one employee in New York City. 

• The law applies to any positions that can or will be performed, in whole or in part, in New York City. 
  

• The guidance applies to a broad range of workers. 
  

• The guidance defines “advertisement” as a written description of a job or transfer opportunity that is publicized to a pool of potential applicants. 

• The guidance states that employers solely must provide salary or wage range in good faith. 
  

• The guidance excludes applicants to be in a temporary agency pool. However, employers who work with temporary agencies are required to follow the law. 

In a more positive sense for employers… 

The guidance makes clear that there is no obligation to advertise opportunities (including internal opportunities) and provides specifically that salary postings are not required for opportunities that are not advertised. It also notes that the law does not prohibit employers from hiring without using an advertisement or require employers to create an advertisement to hire. 

For further information, please contact Kevin McKernan at kevin@kmckernan.com or 718-317-5007