In a previous Client Alert, we reported that, on December 14, 2021, the New York City Council voted to require that employers’ job advertisements include the minimum and maximum salary offered for each position. This new law, which is aimed at eliminating discrimination in compensation, was to go into effect on May 15, 2022. However, on April 28, 2022, the New York City Council voted to move that effective date to November 1, 2022 and to make the following clarifications:
- The new law will apply to employers advertising for both salaried and hourly positions.
- The new law will not apply to employers advertising positions that cannot be performed, or will not be performed, at least in part, in New York City.
- Under the new law, only a current employee may bring suit against his/her employer for failing to advertise a job, promotion, or transfer without posting a minimum and maximum hourly wage or annual salary.
- Under the new law, a first-time violation will not result in a civil penalty if the employer can demonstrate that the violation has been cured, which will be deemed an admission of liability for all purposes.