As we previously reported, effective tomorrow (November 1, 2022), New York City law will require that virtually all internal and external job postings include the minimum and maximum salary/wage rate that the employer in “good faith” believes it is willing to pay for the advertised job, promotion, or transfer opportunity. The New York City Commission on Human Rights (the “NYCCHR”), the agency that will enforce the law, has published a fact sheet on the new law to assist employers in compliance.
Of particular importance, the NYCCHR takes the position that the new job posting law applies to any advertised role that will or can be performed in the Big Apple. This means that fully-remote roles — i.e., roles that can be performed from any location — are likely covered by the law, even if the employee does not have a physical presence in New York City.
Damages for violations include monetary damages to affected employees, as well as affirmative relief that may be levied by the NYCCHR such as amending advertisements and postings, creating and updating policies, conducting trainings, providing notices of rights to employees and applicants. All New York City employers should therefore immediately review and set salary ranges for all existing positions, revise current and future job postings to set forth the salary ranges in accordance with the amended law, and revise related human resources documents to ensure consistency and compliance as of November 1, 2022.