Making Things Clear: Pay Transparency Comes To New York

The most recent trend in employment-related legislation: pay transparency.

New York City has enacted a new law mandating that as of May 15, 2022, employers with four or more employees—including independent contractors working “in furtherance of an employer's business enterprise”—must state a position's minimum and maximum salaries when advertising a job, promotion or transfer opportunity.

Temporary employment positions are excluded.

The failure to list the range “in good faith” constitutes an unlawful discriminatory practice and can result in a civil penalty of up to $125,000 per violation imposed by the city's Commission on Human Rights.

Employers who engage in willful, wanton or malicious violations face penalties of up to $25,000.