New York City Council Passes Bill Requiring Employers to Share Salary Ranges in Job Postings (2022)

May 9, 2022 Update. On April 28, 2022, the New York City Council passed amendments to the law discussed below. If Mayor Eric Adams signs the amendments, the effective date of the law will be delayed from May 15, 2022 to November 1, 2022. The amendments also make the following revisions to the law:

  • Clarify that the law applies to both hourly and salaried positions, meaning that advertisements for any job, promotion, or transfer opportunity must include statements of either minimum and maximum annual salary or minimum and maximum hourly wage;
  • Exclude from application of the law positions that cannot or will not be performed, at least in part, in New York City, meaning that the law applies to fully remote positions that could be performed by a resident of New York City;
  • Limit private rights of action for violations of the law to current employees, who may bring an action against their employer for advertising a job, promotion, or transfer opportunity without posting a minimum and maximum hourly wage or annual salary; and
  • Clarify that the civil penalty imposed by the New York City Commission on Human Rights for an employer’s first violation of the law is $0, provided that the employer corrects the violation within 30 days of service of the relevant complaint. The Commission’s acceptance of an employer’s proof that the violation has been cured amounts to “an admission of liability for all purposes.”

An earlier draft of the amendments would have excluded from the law’s remit fully remote positions that were not “required to be performed, at least in part, within New York City,” and would have confirmed that minimum and maximum salary information is not required for general notices that an employer is hiring without reference to any particular position. That draft of the amendments would have also raised the number of employees at which an employer must comply with the law from four to 15. These provisions were not included in the amendments that were ultimately passed by the New York City Council.

(Video) NYC Law will require employers include salary range in job postings

* * *

March 28, 2022 Update. On March 22, 2022, the New York City Commission on Human Rights (“NYCCHR”) issued guidance (the “Guidance”) on the New York City law requiring employers to include salary information in job postings for positions within the City. Among other things, the Guidance provides that the law applies to internal job postings and that bonuses and stock are not included as salary for the purposes of the law. In addition, a proposed amendment to the law was introduced on March 24 which would, among other things, delay the effective date of the law from May 15, 2022 to November 1, 2022.

Key points from the Guidance include:

(Video) United States: US lawmakers vote to delay salary disclosure law | World News | WION

  • An “advertisement” that must contain the minimum and maximum salary range is defined as a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, regardless of the medium in which it is disseminated. Covered listings include postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.
  • The law covers advertisements for positions that can or will be performed, in whole or in part, in New York City, whether from an office, in the field, or remotely from the employee’s home. (As discussed below, a proposed amendment to the law may narrow this scope.) The law also applies regardless of whether the advertisement seeks full-time employees, part-time employees, interns, domestic workers, or independent contractors.
  • The law currently applies to employers that have four or more employees. The guidance clarifies that the four employees do not need to work in 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. However, as discussed above, only postings or advertisements for jobs, promotions, or transfer opportunities that can or will be performed at least in part in New York City are required to include minimum and maximum salary information.
  • The salary information that must be disclosed in job advertisements includes the base wage or rate of pay, regardless of the frequency of payment. For purposes of the law, salary does not include “other forms of compensation or benefits offered in connection with the advertised job, promotion, or transfer opportunity,” such as:
    • Health, life, or other employer-provided insurance;
    • Paid or unpaid time off work, such as paid sick or vacation days, leaves of absence, or sabbaticals;
    • The availability of or contributions towards retirement or savings funds, such as 401(k) plans or employer-funded pension plans;
    • Severance pay;
    • Overtime pay; or
    • Other forms of compensation, such as commissions, tips, bonuses, stock, or the value of employer-provided meals or lodging.
  • The guidance states that employers found to have violated the law may be required to pay monetary damages to affected employees and civil penalties of up to $250,000. Employers may also be required to amend advertisements and postings, create or update policies, conduct training, provide notices of rights to employees or applicants, and engage in other forms of affirmative relief.

Additionally, a proposed amendment to the law was introduced on March 24, 2022, and would, if passed, delay the effective date of the law to November 1, 2022. The amendment would also revise the law to:

  • Apply only to employers with fifteen or more employees;
  • Clarify that both hourly and salaried positions are covered by the law;
  • Confirm that minimum and maximum salary information would not be required to be included in general notices that an employer is hiring without reference to any particular position; and
  • Exclude from application of the law any positions that are not required to be performed, at least in part, in New York City.

* * *

(Video) Seyfarth Webinar - New York Employment Law Update: Review of 2021 and Outlook for 2022


January 20, 2022 Update. The New York City bill requiring employers with four or more employees to include salary information in job postings for positions within the City lapsed into law on January 15, 2022. The law goes into effect on May 15, 2022.

* * *

(Video) Seattle City Council 9/16/19

On December 15, 2021, the New York City council passed a bill that would require NYC employers with four or more employees to include minimum and maximum salary information in job postings for any positions located within New York City.

The bill makes it an unlawful discriminatory practice for a covered employer or its agent to advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for the position in the job posting or advertisement. In stating the minimum and maximum salary range for the position, the range must “extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.”

(Video) HireRight's 2022 Q1 Compliance Webinar - On the Horizon

Covered employers include NYC employers with four or more employees. The bill states that independent contractors working in furtherance of an employer’s business enterprise are counted as persons in the employ of such employer.

The bill does not apply to job postings for temporary employment at a temporary help firm, as such firms are already required to provide wage range information in compliance with the New York State Wage Theft Prevention Act.

(Video) NYS Senate Joint Public Hearing: Nursing Home, Assisted Living, and Homecare Workforce - 07/27/21

If enacted, the bill would take effect 120 days after it becomes law. The NYC Commission on Human Rights would be authorized to promulgate rules to implement the law.

FAQs

Does NY require employers to disclose pay ranges? ›

New York will require employers as of Nov. 1 to disclose “a good faith salary range for every job, promotion, and transfer opportunity advertised,” according to the city's Commission on Human Rights.

Does New York have to post salary ranges? ›

New York City employers must post salaries on job listings under a new law New York City employers must post the minimum and maximum salary amounts they are prepared to pay at the time of the listing. Vague language such as "$15 per hour and up" is prohibited, the law says.

What is the NYC pay transparency law? ›

A new pay transparency law is now in effect in New York City, and it's set to help millions of workers across the U.S. earn more money. As of Nov. 1, most employers in New York City must list the salary range on all posted job ads, promotions and transfer opportunities.

Do companies share salary ranges? ›

In September, California Gov. Gavin Newsom signed a law requiring any employer with at least 15 employees to publish pay scales with its job listings.

Can you ask salary expectations in New York? ›

Please note that additional protections under local laws may also apply. An employer may ask an applicant for their salary expectations for the position instead of asking what the applicant earned in the past.

What is NY convenience of employer rule? ›

Defining the Convenience of the Employer Rule

Under the convenience of the employer rule, employees who work for a business in one state, but remotely perform their work in another state, are subject to tax on their wages in the state in which their employer's office is situated.

Why don t companies post pay ranges? ›

Withholding salary gives employers more negotiating power

Employers want to find out as much as possible about a candidate before revealing details about income. In some cases, for example, companies with a remote workforce don't have to pay as much for employees living in rural areas with lower costs of living.

What salary range is middle class in NYC? ›

In New York City, a middle class income is considered between $61,000 and $180,000 for a household of three. Does it make sense to classify all of these income ranges as middle-class?

What is a good average salary in NYC? ›

Average Salary in New York
Annual SalaryMonthly Pay
Top Earners$79,417$6,618
75th Percentile$65,140$5,428
Average$51,453$4,287
25th Percentile$37,765$3,147

Can employees discuss wages in NYC? ›

and Disclosure of Wages

Section 194 of the Labor Law prohibits employers from restricting employees' ability to inquire about, discuss, or disclose wages with other employees.

Is pay secrecy illegal in New York? ›

Effective November 1, 2022, the NYC Human Rights Law requires employers to include a good faith pay range in all job advertisements.

Does NY have a salary history ban? ›

Under the Salary History Ban, New York employers cannot ask an applicant about their current or past salary, compensation, or benefits. This includes orally or in writing, personally, or through an agent.

Which states are required to post salary ranges? ›

States that Require Employers to Provide Salary Ranges, 2022
  • California. It's no surprise that California is the first state on our pay transparency list. ...
  • Colorado. ...
  • Connecticut. ...
  • Maryland. ...
  • Nevada. ...
  • Rhode Island. ...
  • Washington.

Should you include salary range in job posting? ›

Salary information is important to the applicant. It's one of the first things that candidates look for in a job ad and some applicants will not apply for positions when this information is missing. They may feel that no salary or benefits in the job ad indicates that you're not transparent.

Are salary ranges negotiable? ›

Because most companies expect you to negotiate, so they tend to offer you a much lower number. My advice is to always ask for more, with the assumption that you'll both meet in the middle. In the example above, asking for a salary range of $68,000 to $72,000 offers more wiggle room.

Can you ask for salary above the range? ›

Don't be arrogant or ask for a salary that is higher than the top of the salary range for the position, especially if you are a new graduate without skills/experience relating to the job. Don't use personal problems or needs in negotiations. This will hurt, rather than help, your chances.

Can an interviewer ask your current salary? ›

California's ban prohibits private and public employers from seeking a candidate's pay history. Even if an employer already has that information or an applicant volunteers it, it still can't be used in determining a new hire's pay.

Can you ask what the salary range is in an interview? ›

You need timing and tact

By the second interview, it's usually acceptable to ask about compensation, but tact is key. Express your interest in the job and the strengths you would bring to it before asking for the salary range. Make the employer feel confident you're there for more than just the paycheck.

How many days in a row can you work without a day off in NY? ›

One day rest in seven.

Can my employer force me to take a lunch break in New York? ›

No, your employer is not allowed to force you to eat lunch at your desk. For a lunch break to comply with New York state break laws, the employee must be completely relieved of their work obligations during the lunch break.

What is employer's convenience benefit rule? ›

The convenience of the employer rule regulates the income tax of employees working for employers outside their state. According to this rule, remote employees working for an employer in another state are subject to that state's tax laws.

Can an employer offer less than advertised salary? ›

Thus, if an employer indicates during an interview that the salary is less than what was posted, a court will likely treat this as a valid modification. This is especially true if the employer tells the applicant, as they often do, that because of their level of experience, they have to start them at a lower pay rate.

Can a company pay different rates for the same job? ›

Can a company pay different wages for the same job? It is legal for a company to pay different wages for the same or similar job, but only if there are non-discriminatory material factors which explain the reason for the difference.

Are salary ranges on Indeed accurate? ›

How does Indeed calculate salary estimates? When a job posting doesn't include a salary, we estimate it by looking at data for similar jobs. Estimated salaries are not endorsed by the companies offering those positions and may vary from actual salaries. Please check with the employer to confirm any salary information.

What salary is considered rich in NYC? ›

The financial firm Charles Schwab surveyed 500 New York residents about their wealth in May 2022. Local respondents said you need $1.4 million to be "financially comfortable" in the New York area. To be considered "wealthy," you need $3.4 million — over one million more than the national average.

What is the average salary in NYC 2022? ›

Manhattan's average weekly wage of $4,064 ranked first in the nation. The Manhattan wage was nearly three times the national average of $1,374 in the first quarter of 2022. Weekly wages in the four other New York City boroughs had averages ranging from $1,199 in Queens to $1,055 in Brooklyn. (See chart 3.)

What salary is considered upper middle class in NY? ›

In NYC , a combined income husband and wife of 500k is the start of upper middle class. 500k *1-40% tax rate - 310,000 k per year or 20k a year on restaurants, 20k for groceries, 50k for nanny, 60,000 for rent, 40k for school for two kids private/cheap private. 80k for top tier private schools.

What is considered upper class in NYC? ›

And upper class income is double the median. That puts the middle class income range in NYC at $45,331 to $135,994. The upper middle class income is at the higher end of the range say from $115,000 to $135,994. And anything above an income level of $135,994 will put you in the upper class in New York City.

What does the upper class make? ›

Based on Pew's analysis, a household of three would need an income of $156,600 to meet the definition of upper class, which it defines as household incomes more than double the national median.

What is considered low income in NYC for a family of 2? ›

What Qualifies as Low Income Housing? A low-income family is typically described as one that lives off of a net income of around $58,000 per year. According to the U.S. Department of Housing and Urban Development (HUD), the median income of an average family in NYC is $70,000 annually.

Can I tell my coworkers how much I make? ›

Under the National Labor Relations Act (NLRA or the Act), employees have the right to communicate with other employees at their workplace about their wages. Wages are a vital term and condition of employment, and discussions of wages are often preliminary to organizing or other actions for mutual aid or protection.

Is it rude to ask a coworker how much they make? ›

If it's your best friend and you tell each other everything and you have a solid reason for wanting to know, then go for it,” she said. “But if it's someone you don't know or trust that well, we would suggest that's not a topic you should bring up to a coworker.”

Should you tell coworkers your salary? ›

"Never a good idea"

"There is no upside." One concern is that such informal conversations can result in people knowing less, not more, about a company's presiding wage scales. "Your colleague could be lying to you and gaming you to see what you're making," he said.

Is moonlighting illegal in NY? ›

You must receive written approval from your agency head, detailing why your second job would not conflict with your official City duties. You must submit that document to the Board in a request for a waiver. If the Board sees no conflict, you will be granted a waiver and you will be permitted to work the second job.

What states is it illegal to ask about current salary? ›

Here are the states with state-wide salary history bans: Alabama, California, Colorado, Connecticut, Delaware, DC, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Pennsylvania (state agencies only), Vermont, Virginia and Washington.

Is blacklisting illegal in New York? ›

“Let this be a reminder to all New York landlords — blacklisting prospective tenants because of their housing court history is an unfair and illegal practice, and it will not go unchecked.

Does New York require salary disclosure? ›

Ads for jobs in New York City must include a salary range starting Tuesday, under a new pay transparency law that's forcing employers to rethink their hiring practices and pay scales.

Is NYS a ban the box state? ›

New York - New York City Ban the Box Law

The Fair Chance Act applies to all NYC employers that have 4 or more employees (this includes both private and public employers), except where exempt by law. An employer cannot ask you about any prior convictions until the end of the hiring process.

What are companies doing about pay transparency? ›

The law, which goes into effect on 1 January 2023, requires employers with 15 or more employees to include a pay scale in job postings and for employers with more than 100 employees to submit an annual report of pay information to the California Civil Rights Department.

Is there a federal pay transparency law? ›

Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or that of other employees or applicants. You cannot be disciplined, harassed, demoted, terminated, denied employment, or otherwise discriminated against because you exercised this right.

Does NYC have to post salary? ›

Salary must be included on posts for any position that can or will be performed, in whole or in part, in New York City, whether it's done from an office, in the field or remotely from the employee's home.

Why do companies not include salary in job postings? ›

Withholding salary gives employers more negotiating power

Employers want to find out as much as possible about a candidate before revealing details about income. In some cases, for example, companies with a remote workforce don't have to pay as much for employees living in rural areas with lower costs of living.

Can you ask for higher salary than job posting? ›

If you're applying to the private sector (non-government jobs), I would absolutely recommend negotiating despite what was displayed on the job posting. Most companies work with a compensation benchmark system and have a low, mid, and high end of a salary range.

What is a lowball salary offer? ›

by Brian Skory. A low-ball salary offer is one that's way below your minimum acceptable level. I want to present two real-life examples of our candidates receiving what could have looked like low-ball offers. Candidate A. After a long round of interviews, Candidate A finally received his offer.

How high is too high when negotiating salary? ›

Consider negotiating lower if 10-20% places you above the average. Is the pay in-line with average pay, but still believe you can negotiate based on your skills? Consider a range between 5-7% above. You don't want to risk your chances with a company that is genuinely interested in your financial well-being.

What is the #1 rule of salary negotiation? ›

One fundamental rule of salary negotiation is to give the employer a slightly higher number than your goal. This way, if they negotiate down, you'll still end up with a salary offer you feel comfortable accepting.

Can I ask my employer for salary range? ›

In January 2018, California's Equal Pay Act became the first in the country to ban employers from asking applicants about their salary history. It also requires employers to disclose the pay range for a job if an applicant asks for it after an initial interview.

What states prohibit salary history? ›

Additionally, two states—Michigan and Wisconsin—have prohibited bans on salary history altogether. Local governments in these states aren't allowed to regulate the salary information that employers request from job applicants during the hiring process.

When should you disclose salary range? ›

On September 27, 2022, California Governor Newsom signed SB 1162 (the “Act”) into law, requiring employers with 15 or more employees to disclose salary ranges on their job postings. California is the latest jurisdiction to join in this growing trend, following Colorado, New York City, and Washington State.

Why do companies not disclose pay? ›

Withholding salary gives employers more negotiating power

Employers want to find out as much as possible about a candidate before revealing details about income. In some cases, for example, companies with a remote workforce don't have to pay as much for employees living in rural areas with lower costs of living.

Can you ask for salary outside of range? ›

When the listed salary range is significantly below your expectations and/or needs, it might make sense to skip applying completely. It's one thing to negotiate a small amount, and another to try to negotiate a salary that's 20% higher than the listed range.

How much above salary range can you ask for? ›

Start with a figure that's no more than 10-20% above their initial offer. Remember, you're applying for entry level, and you shouldn't expect something on the higher range. Consider negotiating lower if 10-20% places you above the average.

Should you always ask for top of salary range? ›

Pick the Top of the Range

As you're doing your research, you'll likely come up with a range that represents your market value. It can be tempting to ask for something in the middle of the range, but instead you should ask for something toward the top.

What states have salary history bans 2022? ›

The states and territories that have enacted salary history bans include:
  • Alabama.
  • California.
  • Colorado.
  • Connecticut.
  • Delaware.
  • District of Columbia.
  • Georgia.
  • Hawaii.
30 Sept 2022

Do you have to disclose current salary to new employer? ›

The hiring manager may be persistent in requesting this information. You are under no obligation to tell a prospective employer your current salary. However, it is important that you are polite when declining to give your salary information. You cannot simply say “no” and leave it at that.

Which states require companies to post salary ranges? ›

States that Require Employers to Provide Salary Ranges, 2022
  • California. It's no surprise that California is the first state on our pay transparency list. ...
  • Colorado. ...
  • Connecticut. ...
  • Maryland. ...
  • Nevada. ...
  • Rhode Island. ...
  • Washington.

Why are salary ranges confidential? ›

Advantages Of Wage Confidentiality

The employer has greater bargaining power to discuss pay and work conditions when the employee has no basis of comparison. Employees find it more difficult to band together to negotiate for better pay and conditions if pay and conditions are kept secret.

Why do jobs Post salary ranges? ›

During the interview process, hiring managers may ask what your desired salary range is. This helps them better understand how much they should budget for your compensation.

Are salaries on Indeed accurate? ›

How does Indeed calculate salary estimates? When a job posting doesn't include a salary, we estimate it by looking at data for similar jobs. Estimated salaries are not endorsed by the companies offering those positions and may vary from actual salaries. Please check with the employer to confirm any salary information.

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4. New York State Senate Session - 04/06/21
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