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New York City Council Passes Bill That Requires Pay Transparency

On December 15, 2021, New York City (NYC) council approved a bill which would amend the NYC Human Rights Law (NYCHRL) and required employers to identifying the minimum and maximum salary for a position in any external or internal job advertisements. The bill awaits the mayor’s signature and upon signing the bill would become effective 120 days, thereafter. The mayor has expressed support for the bill and is expected to sign it into law.

Covered Employers

The law would apply to any employer with four or more people (including independent contractors), or employment agencies.

Requirements of the Law

The law would make it an unlawful discriminatory practice for an employer to advertise for a job without identifying the minimum and maximum salary for that position. It would apply to external postings and internal job postings, including opportunities for promotions or transfers within a company. The bill further provides that in determining the minimum and maximum salaries the employer must use good faith to determine, at the time of the job posting, what it would pay for the advertised job, promotion, or job opportunity.

Exceptions to the Law

Temporary staffing agencies are not covered as they already provide this information after interviews in compliance with the NY State Wage Theft Prevention Act.

Additional Information

HR Works will continue to monitor and provide updates on any developments regarding this bill.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.