Per our previous Client Alert, New York City was set to require most employers advertising for jobs that will be performed in New York City to include certain salary or wage information in the job listing as of May 15, 2022 (“Salary Information Law”).
However, the Salary Information Law has now been amended, and employers need not include salary/wage information in job listings until November 1, 2022.
Aside from pushing off the effective date, the amendments to the Salary Information Law include the following important changes:
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The Salary Information Law explicitly applies to positions that can be performed in NYC, are performed in NYC, or are posted by a NYC employer.
- First-time violators have the opportunity to cure the violation and providing proof of such cure (presumably by updating the job listing) to the NYC Commission on Human Rights no later than 30 days after the employer is notified of the violation before being subject to a fine, though employers may then face fines up of to $125,000 for subsequent violations.
- Only current employees may bring a private right of action against their current employer for violations of the Salary Information Law. As such, applicants will not have a private right of action against a potential employer for failing to include the required compensation range information in the job listing, nor would a former employee against their former employer.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
