NYC Amenda (and Delays Effective Date of)
Salary Disclosure Law for Job, Promotion, and Transfer Advertisements
Late last year, the New York City Council passed Int. No. 1208-B, now Local Law 32 of 2022,
which amended the City Human Rights Law (“HRL”) to require City employers with four or
more employees to include in job postings – including those for promotion or transfer
opportunities – the minimum and maximum salary offered for any position located within
New York City (“Law”). Failure to comply with the pay transparency requirements would
constitute an unlawful discriminatory practice under the HRL. As enacted, the Law was
scheduled to take effect on May 15, 2022, but that, and other provisions, have just been
amended. Yesterday, the City Council’s Committee on Civil and Human Rights passed
Int. No. 134-A, which implements several significant amendments to the Law, and this
afternoon the City Council passed the same (“Amendments”).
Specifically, the Amendments:
- Extend the effective date of the Law to November 1, 2022;
- Clarify that the Law extends to both hourly and salary employees;
- Supplement the Law to reiterate that it does not apply to positions that
“can not or will not be performed” in the City; - Restrict job applicants, rather than current employees, from suing
covered employers; and - Bar penalties for first-time violations if an employer corrects the problem
within 30 days.
The Amendments seek to balance the Law’s main purpose of helping to prevent
pay discrimination against women and minorities, while answering some of the
business community’s most urgent concerns. If you have any questions in
navigating this delicate balance, please feel free to contact the Pitta LLP
attorney with whom you work, or any of our other dedicated attorneys.
