Employment Practices (April 25, 2022/Updated April 28, 2022)

If you have at least four employees (or you employ one or more domestic workers) and one of them works in NYC (yep, this includes remote employees), the NYC Salary Disclosure Law applies to you – even if you do not have a business location in NYC! Starting on November 1, 2022, covered employers will be required to disclose minimum and maximum salary information in every job, promotion and transfer opportunity advertisement if the opportunity “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.” The posted salary range must reflect what the employer believes, in good faith, is the range it would pay someone for the job at the time of the job posting. Failure to include salary range information will be considered unlawful discrimination in violation of the New York City Human Rights Law.

Q: If the position may only be performed on-site at a work location outside of NYC, must a covered employer include the expected salary range in the job posting?

A: No, the Salary Disclosure Law only requires the expected salary range to be disclosed when advertising for a position that can or will be performed, in whole or in part, in New York City. Advertisements for hybrid positions and fully remote positions must include the salary range because the positions could theoretically be filled by applicants living in and thus, working remotely from, NYC. Note also, the law does not require employers to create an advertisement to hire.

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