***UPDATE: The bill was enacted into law on January 15, 2022 upon no action by the Mayor.  The law takes effect on May 15, 2022.***

The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or transfer opportunities – the minimum and maximum salary offered for any position located within New York City.  The bill now goes before the mayor for consideration.

Specifically, the bill would amend the New York City Human Rights Law to make it an unlawful discriminatory practice for a covered employer or its agent, or for an employment agency, to post or otherwise advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for the position in such posting or advertisement.  In providing the salary range for a position, the range would need to “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 would not apply to job postings for temporary employment at a temporary help firm, as such firms are already required to provide wage range information in compliance with the New York State Wage Theft Prevention Act.

If enacted, the bill would take effect 120 days after it becomes law.  The NYC Commission on Human Rights would be authorized to promulgate rules to implement the law.

We will continue to monitor and report on further developments regarding this bill.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.