NPZ Immigration Law Blog

On January 15, 2022, New York City enacted a first-of-its-kind law requiring employers with more than four employees (excluding temporary hiring firms) to include a minimum and maximum salary in all job postings for positions located in New York City. The requirement applies to internal job postings as well as transfers within a company. The new law will go into effect on May 15, 2022.

The law amends the New York City Human Rights Law, which is the anti-discrimination law governing New York City employers. The statute specifically states “It shall be an unlawful discriminatory practice for an employment agency, employer, employee or agent thereof to advertise a job, promotion or transfer opportunity without stating the minimum and maximum salary for such position in such advertisement.”

While the law does not require employers to publicly advertise or internally post its open positions, should the employer choose to advertise or post, it must include the salary information.

EMPLOYERS CAN EXPECT MORE GUIDANCE

• It is expected that more information will be provided as to what constitutes “salary” and whether the advertisement must state whether the position is exempt or non-exempt from overtime pay.

• For employers considering the minimum and maximum salary for a particular role, the law provides only that “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 (internal and external listings), promotion or transfer opportunity.”

HOW EMPLOYERS CAN PREPARE NOW TO ENSURE COMPLIANCE

To prepare, employers are recommended to:

• Begin to assess existing policies for determining salaries and make adjustments where appropriate

• Develop a process by which employers will ensure that published information in connection with internal and external job postings includes required salary information; and

• Consider an internal audit of current salaries by position as well as exempt/non-exempt classifications.

If you have any questions about how this new law in NYC may impact you, your family or your business, please feel free to get in touch with the U.S. and Canadian immigration and nationality lawyers at NPZ Law Group. Send us an email at info@visaserve.com, or you can call us at 201-670-0006. For more information, please visit on our website at www.visaserve.com