Earlier this year, New York City passed Local Law 32 of 2022, requiring employers to include a “good faith” salary range in every advertisement for jobs, promotions and transfer opportunities in New York City. You can read more about the original law, which was first set to become effective on May 15, in our blog post here.
In late March, a bill was introduced that would amend the NYC salary disclosure law. On April 28, 2022, after weeks of debate, a slightly revised version of the amendment passed the City Council. It is now awaiting the mayor’s signature.
As a result of the amendment, the revised law now (i) specifies that it applies to both hourly rates and salaries; (ii) excludes notices of positions that cannot or will not be performed, at least in part, in New York City; and (iii) moves the effective date to November 1, 2022.
Further, the revised law specifies that only current employees, not applicants, can bring an action against their employer for advertising a job, promotion or transfer without posting a minimum and maximum hourly wage or annual salary. The amendment also clarifies that the penalty for the first violation of this law is $0 if employers correct the violation within thirty (30) days
Employers should provide notice and training to their employees who prepare and publicize advertisements for jobs in New York City, and now have additional time to do so.
If you have questions or concerns about the NYC salary disclosure law or any wage and hour laws, please contact Chaim Book at cbook@mb-llp.com or Sheryl Galler at sgaller@mb-llp.com.
