NYC releases guidance on new ‘salary transparency’ law

The New York City Human Rights Commission (NYCHRC) recently released guidance about the city’s new law requiring “salary transparency” in job advertisements for employees, interns, domestic workers, and some independent contractors. The law takes effect November 1, 2022. The guidance answered many, but not all, questions raised by the breadth of the legislation. Read on to understand how it will affect your recruitment efforts even if your company has a minimal presence in New York City.

Covered employers

The new law applies to all employers with four or more employees or one or more domestic workers covered by the New York City Human Rights Law (NYCHRL). As with the law’s other provisions, owners and individual employers count toward the four employees. For purposes of counting the number of employees, the law states:

• “Natural persons working as independent contractors in furtherance of an employer's business enterprise shall be counted as persons in the employ of such employer”; and
• “The employer’s parent, spouse, domestic partner or child if employed by the employer are included as in the employ of such employer.”

Moreover, the guidance makes clear “the four employees do not need to work in the same location, and they do not need to all work in New York City.” In other words, if one of the employees works in the city, the workplace is covered.