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: Which employees count toward the 4 employee (or 1 domestic employee) threshold under the NYC Salary Disclosure Law?

A: According to guidance from the NYC Commission on Human Rights, all employees, regardless of work location, must be counted. Owners, as well as an employer’s parent, spouse, domestic partner, or child working for the employer also count. If the tally of these workers equals 4 or more and one of them works in NYC, the employer is covered by the NYC Salary Disclosure Law. Employment agencies are covered by the law regardless of their size. Temporary help firms (businesses that recruit, hire and assign their own employees to perform work for other companies) are not covered but employers that use their services must follow the law.

For more information about this law, click here, here, here and here.

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