As Hire Image previously reported, a salary disclosure law was proposed in New York City requiring employers with four or more employees to provide the minimum and maximum salaries for any advertised job, promotion, or transfer opportunity. The bill would amend the New York State Wage Theft Prevention Act (WTPA), “in stating the minimum and maximum salary for a position, the range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.” The bill specifically exempted temporary employment at a temporary help firm, such as staffing firms, from this requirement.
While the effective date had been May 15, 2022, a recent amendment now delays it to November 1, 2022.
Salary Disclosure Law Changes
Other than the change in effective date, the amendment makes the following changes to the original bill:
- Provides that provisions do not apply to positions that cannot or will not physically be performed (at least in part) in New York City
- Clarifies that the requirements apply to both salaried and hourly employees.
- Limits a private right of action to current employees (excluding applicants).
- Provides “safe harbor” provision for first-time offenders to avoid a civil penalty if certain corrective actions are taken.
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New York City employers should continue to stay apprised of any updates to this bill, which is currently awaiting the mayor’s signature.
As always, Hire Image is here to help. Please contact us if you need assistance with the review of any changes to your hiring policies or procedures.