In December 2021, the New York City Council passed Local Law 32 that makes it an “unlawful discriminatory practice” for employers with four or more employees, including independent contractors, to not include maximum and minimum salary information in all job postings. The bill also requires the salary range to be included every time an employer posts an internal promotion or transfer opportunity. Under the existing provisions New York City Human Rights Law, the New York City Commission on Human Rights is authorized to impose a $125,000 civil penalty for any unlawful discriminatory practices. The new law was set to go into effect on May 15, 2022.
However, on May 14, 2022, New York City Mayor Eric Adams signed into law Introduction Number 134 as an amendment to the December 2021 legislation, providing some changes, clarifications, and carve-outs. First, and importantly, Number 34 amends Local Law 23’s effective date to is now set to go into effect on November 1, 2022, so employers have additional time to come into compliance with the new law.
Number 134 provides clarification that the salary range requirements apply only when work is required in New York City. This new bill thus carves out an exception where a position is not required to be performed, at least in part, in New York City. Number 34 also clarifies that Local Law 32 applies to both employees working on an hourly or annual salary and amends Local Law 32 so that it applies to employers with fifteen or more employees instead of four or more employees. Finally, Number 34 provides that the penalty for the first violation of new Local Law 32 is $0 and gives employers 30 days to correct the violation.
Employers with questions or concerns about compliance with Local Law 32 or employees seeking to understand their rights should contact Tesser, Ryan & Rochman, LLP