
Michael J. Sheppeard
Partner
212-784-6939 msheppeard@sh-law.comFirm Insights
Author: Michael J. Sheppeard
Date: June 16, 2022
Partner
212-784-6939 msheppeard@sh-law.comOn May 12, 2022, Mayor Eric Adams signed an amended version of the New York City Pay Transparency Law, which was slated to take effect on May 15, 2022. The new effective date is now November 1, 2022, which gives employers significantly more time to comply. Several of the amendments also alter employers’ obligations under the new law.
Several states, including California, Maryland, and Rhode Island, require employers to provide salary range information, either upon the applicant’s request or after a certain triggering event, i.e., an interview or employment offer. However, only Colorado joins New York City in requiring pay scales to be disclosed in job postings.
The New York City Pay Transparency Law makes it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) to not include in job listings the minimum and maximum salary offered for any position located within New York City. The range for the listed maximum and minimum salary must extend from the lowest salary to the highest salary that the employer in good faith believes it would pay for the advertised job, promotion, or transfer.
The requirement applies to any employer that has had four or more persons “in its employ” in the previous year. For purposes of determining coverage, employers must count full-time, part-time, permanent and temporary employees, interns, and independent contractors. The four employees do not need to work at the same location, and they do not need to all work in New York City. As long as one of the employees works in New York City, the workplace is covered.
Employment Agencies are also covered by the new law, regardless of their size.
Temporary staffing firms, which are defined as businesses that recruit, hire, and assign their own employees to perform work or services for other organizations, to support or supplement the other organization’s workforce, or to provide assistance in special work situations, are exempt from the new law as they already provide the required information after interviews in compliance with New York State Wage Theft Prevention Act.
The amended version of the New York City Pay Transparency Law, Int. 134-A., includes several changes that benefit employers. Below is a brief summary:
As amended, the new wage transparency law will take effect on November 1, 2022. The New York City Commission on Human Rights is expected to provide additional guidance regarding compliance in the coming months. It has already updated its Fact Sheet to reflect the amendments.
Even though the effective date has been extended, we encourage NYC employers to begin preparing for compliance by determining the applicable salary ranges for upcoming job listings. Employers should also determine what changes may be needed to bring external and internal posting forms and other human resource templates into compliance. As with any employment law change, employers should also train managers and human resources personnel regarding the new requirements.
If you have any questions or if you would like to discuss the matter further, please contact me, Michael Sheppeard, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]
Author: Brian D. Spector
In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]
Author: Kenneth C. Oh
On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]
Author: Matthew F. Mimnaugh
If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]
Author: Jesse M. Dimitro
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!