Staying on Top of Employment Law Changes
Changes in NYC employment laws can be challenging for business owners. Many changes have occurred within the last few years. In fact, the New York City Council recently amended a date when the city’s salary transparency would become effective. They delayed the May 15, 2022 date to November 1, 2022.
Delay in Employer Requirement to Disclose Salary Ranges
The amendment in New York City Human Rights Law (NYCHRL) requires employers to be transparent about salary ranges. They must disclose compensation ranges for job postings. This also includes postings for promotion or transfer opportunities available to current employees. The amendment clarified that while the original version used the word “salary,” the posting also applies to positions paid by hourly wages. The range the employer posts must be in good faith based on the range at the time of posting.
Remote Positions Included
The above law also applies to remote positions being promoted where employees will do not work in a NYC office. Work done for a NYC business can be done in the field or from a remote home office. It does not matter that the employee does not maintain a NYC office or that the employer does not require the employee to work from a city location.
Claims and Penalties
At this time, the amendment allows only current employees to file a claim against their employer for failing to post the minimum to maximum hourly wage or salary range. If the employer corrects the posting within 30 days, there is no penalty for the first violation. However subsequent violations may be subject to civil penalties of up to $250,000. This is in addition to paying monetary damages to individuals.
All employers with four or more employees must abide by this law, but not all the employees have to be located in NYC. The law applies to any company with at least one NYC employee out of its four employees.
(Reference: JDSupra)
As an employer, do you have questions or concerns about changes in NYC employment laws?
If you have employment law questions, seek legal help. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.