On March 22, 2022, the New York Metropolis Commission on Human Legal rights (NYCCHR) released very long-awaited guidance regarding New York City’s wage disclosure law, which requires businesses to article the predicted “minimum and highest salary” in task ads. The legislation, which was passed on December 15, 2021, and requires influence on Might 15, 2022, requires companies to include things like a “good faith” wage vary in any exterior or internal work putting up, as effectively as a advertising or transfer chance.
The steerage clarifies that “advertisement” is to be interpreted broadly to consist of postings, regardless of whether printed or electronic. Any career that is to be carried out in New York Metropolis is included by the legislation. The guidance clarifies that this “should” include things like positions that can be executed “from an business office, in the industry, or remotely from the employee’s dwelling.”
Positions for which the applicable salary selection need to be posted include things like both equally comprehensive-time and portion-time opportunities, as effectively as all other folks trying to get personnel lined underneath the New York City Human Rights Law (NYCHRL), together with “interns, domestic personnel, [and] independent contractors.”
The guidance also confirms that the new law does not impose a prerequisite for companies to advertise careers. In the same way, businesses may perhaps seek the services of without listing a position.
The advice clarifies that minimum amount and optimum wage ranges are demanded for equally hourly and salaried positions. Companies do not have to involve other varieties of payment when thinking about the minimum and most income ranges, these kinds of as health gains, overtime, commissions, or bonuses.
The direction also clarifies that the minimal and utmost income “cannot be open finished.” However, an employer may possibly decide on to established the minimal and optimum as a preset quantity (e.g., $50,000 for each calendar year) if the employer is unable to supply a range.
Companies in New York City could would like to critique the higher than requirements to assure their techniques are in compliance with the obligations articulated in the legislation.
© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Legislation Evaluation, Volume XII, Number 89