On January 15, 2022, New York City Council adopted a local law requiring covered employers with four or more employees to include salary ranges for open job positions beginning on May 15, 2022. For more information on the Local Law, see our original blog post here. On April 28, 2022, the City Council adopted an amendment to the Local Law, moving the effective date to November 1, 2022.
In addition to pushing the law’s effective date, the amendment clarified who could be a potential violator under the law. The amendment specifies that, in addition to employers, employment agencies and employees or agents thereof, must also disclose a salary range or hourly wage range in each posted position, promotion or transfer opportunity. The amendment also eliminated the right of job applicants to file a lawsuit for violations of the law, while retaining the right of current employees to do so. Finally, the amendment provides employers with an opportunity to cure noncompliance and avoid civil penalties. Upon receipt of complaint from the New York City Commission on Human Rights, employers will have 30 days to cure an initial violation before the implementation of a fine.
The amendment was prompted by concerns expressed by the business community that it would be too difficult to implement the law’s requirements by the time of the original effective date. The amendment provides employers an additional six months to come into compliance.
