NYC Council delays pay transparency law to November 1

On April 28, 2022, the New York City Council amended the city’s recently enacted pay transparency law (the “new law”) to delay its effective date from May 15 to November 1, 2022 (the “amended law”). NYC’s new law amends the New York City Human Rights Law (NYCHRL) to require employers to disclose a salary range for positions in all job postings, including postings for promotions or transfer opportunities for current employees. On May 12, NYC Mayor Eric Adams signed the amended law.

The amendments

In addition to the amended law pushing back the new law’s implementation to November 1, it made a few other adjustments to the new law. First, it clarifies that jobs that pay an hourly wage (as opposed to a salary) are also subject to the wage disclosure requirement.

Second, the amended law states the salary disclosure requirement doesn’t apply to positions that can’t or won’t be performed, at least in part, in New York City. This provision implies the amended law applies to positions that can be performed in the city, whether remotely or in person. Accordingly, even if a business doesn’t have a physical location in New York City, its job postings for remote positions must disclose the salary range if it has four or more employees, at least one employee works in the city, and it’s possible the new remote hire will work there.