New York City Clarifies Pay Transparency Timetable—Delays Effective Date

As previewed in our April 5, 2022, consumer alert (New York Employers, Take Note! Two New Laws Effective in May | Blank Rome LLP), New York City has rolled again to November 1, 2022, the efficient date of its modification to the New York City Human Rights Law (“NYCHRL”) that may require the City’s personal employers to supply a minimal and most wage vary for jobs when promoting employment alternatives.
The City delayed the efficient date to be able to give employers a six-month extension of time to return into compliance. The modification would require employers which are promoting job openings for positions carried out in New York City to incorporate the wage vary (each a minimal and most quantity) being provided for the place within the commercial.
The time period “commercial” is broad, and can embrace conventional job postings, in addition to inner firm descriptions, social media postings, and different solicitations. The regulation will apply to any job that could possibly be carried out in complete or partially in New York City, together with full- and part-time positions, distant jobs, home work, internships, unbiased contractors, and every other place that may be lined by the NYCHRL.
Failing to adjust to the regulation will represent an illegal discriminatory observe underneath the NYCHRL. Employers could have 30 days to right first-time violations with out incurring a financial penalty. After that, employers might face fines of as much as $250,000 for willful violations. The regulation additionally comprises a non-public proper of motion for present workers that may allow the restoration of compensatory and punitive damages, in addition to attorneys’ charges and prices.
We advocate that New York City employers use this six-month respite to “stress check” their compensation fashions to make sure that facially impartial packages are usually not leading to disparate impression on any class or class of their workforce. Employers also needs to use this chance to ensure the components of compensation are clearly communicated and understood. Remember, as soon as efficient, the regulation would require communications that may inform all workers about wage ranges for posted jobs, which might set off employee-relations points if not nicely deliberate and carried out.

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