The New York City Transparency Law takes effect TODAY, November 1st. Employers with four or more employees (including the owner or employer, part-time employees, interns, domestic
workers, and independent contractors) offering work in New York City are now required to display a “good faith” salary range on all posted job advertisements, promotions, and transfer
opportunities.
What Does the Law Require?
A “good faith” range is defined by the New York City Commission on Human Rights as one the employer “honestly believes at the time they are listing the job advertisement that they are willing to pay the successful applicant(s)”.
This salary range must be specific, displaying a minimum and maximum salary offer. The law does not require employers to list benefits such as health insurance, time off, severance pay, overtime pay, commissions, tips, bonuses, stock, 401(K) matching, or other types of compensation.
Some Businesses Outside New York City Will Be Affected
The salary must be displayed on job posts that, in whole or in part, can or will be performed in New York City. Consequently, businesses located outside the city that post job ads for remote work that could be done in New York City must comply with the transparency law. However, an employer located in New York City advertising a job that will specifically be done in a location
outside New York City does not have to comply.
Noncompliance Will Result in Penalties
Job seekers and workers can file complaints against a company with the city’s Commission on Human Rights such that an investigation can be conducted. There is no fine for a first-time offense so long as noncompliant businesses make the appropriate corrections within 30 days of receiving notice of a violation. Businesses that fail to do say may face civil penalties of up to $250,000.
To learn more about your rights and responsibilities, call the Commission on Human Rights at (212) 416-0197 or visit NYC.gov/HumanRights
