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As we previously reported, the New York Metropolis Council handed a invoice amending the New York Metropolis Human Rights Regulation to require employers with 4 or extra workers, (or a number of home staff), embrace the minimal and most beginning wage for any “marketed job, promotion, or switch alternative.”
This requirement was initially set to take impact on Could 15, 2022, however the New York Metropolis Council delayed the efficient date to November 1, 2022, as we reported here. The New York Metropolis Council additionally clarified that posting for jobs that pay an hourly wage, (versus a wage), are additionally topic to the wage disclosure requirement.
With the November 1, 2022, efficient date quick approaching, New York Metropolis employers ought to instantly put together to incorporate the wage/wage vary on all coated postings. When establishing the minimal and most wage/wage to be included on the posting, the employer should decide, in good religion, what it believes it will pay for the job, promotion, or switch alternative on the time of commercial. Each a minimal and a most wage/wage are required, so “open ended” info resembling “$20 per hour and up” or “a most of $75,000 per 12 months” is inadequate to adjust to the brand new necessities.
Whereas these necessities don’t apply to positions that can’t or is not going to be carried out, no less than partly in New York Metropolis, the requisite wage/wage info needs to be included in postings for any job that may be carried out in New York Metropolis, whether or not remotely or in particular person.
These New York Metropolis developments could also be an indication of issues to return throughout New York State. Each chambers of the New York State Legislature have handed laws that, if enacted, would prohibit employers from promoting a job, promotion, or switch alternative that may or might be carried out in New York with out disclosing: (1) the compensation or a spread for the job; and (2) the job description for the job if one exists. This laws has not but been delivered to Governor Kathy Hochul. Employers throughout New York State may intently monitor the progress of this laws, which might take impact 270 days after being signed into regulation.
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