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A neighborhood Legislation amending Westchester County’s Human Rights Legislation will go into impact on November 6, 2022. The brand new Legislation prohibits an employer (any particular person with at the very least 4 staff), labor group, employment company, or licensing company from posting a job, promotion, or switch alternative with out stating the minimal and most wage for such place. The supplied wage vary might lengthen from the bottom to the very best wage that the employer believes in good religion, on the time of posting, would pay for the marketed job alternative.
Beneath the Legislation, a “posting” is outlined as any written or printed communication that the employer is recruiting and accepting functions for a particular place. To be topic to this Legislation, the employment place should be “carried out, in entire or partly, in Westchester County, whether or not from an workplace, within the area, or remotely.” This Legislation doesn’t apply to a job posting for momentary employment at a brief assist agency, or to unbiased contractors. Moreover, the Legislation doesn’t lengthen to a “Assist Wished” or related signal, affixed to the premises, which doesn’t reference any specific place that an employer is accepting functions or hiring for.
The Legislation additionally prohibits an employer from:
- requesting {that a} potential worker disclose their previous wage historical past;
- counting on the wage historical past of a potential worker in figuring out compensation; or
- searching for wage info from a potential worker’s earlier employer.
Nevertheless, an employer might depend on a potential worker’s prior wage historical past when it was voluntarily supplied by the possible worker to help a better wage. As well as, an employer might search a potential worker’s prior wage info after an employment supply has been made, and the possible worker responds by offering prior wage info to help a better wage. Thereafter, the employer might search to verify the prior wage info after acquiring the worker’s written authorization to take action.
Employers present in violation of this Legislation might be topic to civil penalties in an quantity to not exceed $125,000, and $250,000 for willful violations. The Legislation additionally comprises a preemption clause, which declares this Legislation “null and void on the day that Statewide laws goes into impact, incorporating both the identical or considerably related provisions as are contained on this regulation, or within the occasion {that a} pertinent State or federal administrative company points and promulgates rules preempting such motion by the County of Westchester.”
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