December 2022

State Updates

 

New York - Additional jurisdictions require wage transparency

09/01/22

Author: ADP Admin/Tuesday, August 30, 2022/Categories: Compliance Corner , State Compliance Update, New York

Westchester County and Ithaca, New York have joined New York City in requiring employers to provide greater wage transparency.

Background:

The New York City Council enacted a pay transparency law, which requires New York City employers to include the minimum and maximum starting salary for advertised jobs, promotions or transfer opportunities beginning November 1, 2022.

Additional Jurisdictions Join in Requiring Wage Transparency:

Westchester County and Ithaca, New York have joined New York City in enacting wage transparency laws:

Westchester County:

Westchester County employers will be prohibited from advertising a job, promotion or transfer opportunity without also including the minimum and maximum salary for the job, promotion, or transfer in the job posting or advertisement beginning November 6, 2022.

Under the amended Human Rights Law:

  • The requirements apply to postings for positions that are required to be performed, in whole or in part, in Westchester County, whether in an office, in the field or remotely.
  • Wage range is defined as the lowest to highest salary that an employer in good faith believes it would, at the time of the posting, pay for the position.
  • Job posting is defined as a written or printed communication, whether electronic or hard copy, where the employer is recruiting and accepting applications for a particular role.

The amendment also specifically excludes general requests for applications, if the requests only indicate that an employer is accepting applications without reference to a particular role, such as a help wanted sign.

Ithaca:

Ithaca employers with four or more employees must disclose the minimum and maximum hourly or salary compensation for an employment opportunity, such as a job, promotion, or transfer opportunity, in job postings, beginning September 1, 2022.

The amended Human Rights Ordinance will make it an unlawful discriminatory practice for an employment agency or employer (or their employees or agents) to advertise an employment opportunity without stating the minimum and maximum hourly or salary compensation that the employer in good faith believes at the time of posting it would pay for the advertised job, promotion or transfer opportunity..

Note: The Ordinance does not contain guidance on geographic or jurisdictional scope.

Next Steps:

Employers should:

  • Review and update job advertisements, recruiting and hiring practices.
  • Train HR personnel on the new wage transparency requirements.

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