However, doing so will be deemed an admission of liability. The Law also includes a safe harbor provision, where employers who are alleged to have violated the law will not have to pay any fine for the first violation if they cure and submit proof that they have cured the violation within 30 days of receiving the complaint, and the Commission accepts proof of the cure. In addition to filing complaints with the Commission on Human Rights, a current employee can bring a claim against their employer for a violation of the Law in relation to an advertisement by their employer for a job, promotion, or transfer opportunity. Remote Workers: The law does not apply to “positions that cannot or will not be performed, at least in part, in the city of New York.” Therefore, covered employers hiring for remote positions will still be required to post a salary or hourly wage range, regardless of where the position is actually performed, as it is possible for remote positions to be performed, at least in part, in New York City.Įnforcement: The Commission on Human Rights will also investigate complaints alleging violations of the salary transparency protections. In stating the minimum and maximum annual salary or hourly wage for a position, the range may extend from the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion, or transfer opportunity. Requirements: The Law will make it a discriminatory practice for an employer (or an employee or agent of an employer) to advertise a job, promotion, or transfer opportunity without stating the minimum and maximum annual salary or hourly wage for the position in the advertisement. Independent contractors are counted toward the threshold, along with owners and individual employees. Employers are covered as long as one of the employees works in New York City. ![]() ![]() All four employees do not need to work in New York City or the same location for an employer to be covered. New York City Pay Transparency LawĬovered Employers: The New York City Pay Transparency Law (the “Law”), as amended, applies to employers with four or more employees or one or more domestic workers in New York City. New York City and Colorado have recently adopted laws that require covered employers to provide wage ranges in job advertisements in an effort to narrow the gender wage gap and encourage pay transparency.
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