In January 2022, New York City enacted an amendment to the New York City Human Rights Law requiring employers to state the minimum and maximum salary expected in good faith to be paid for each job, promotion, and transfer opportunity advertised in New York City ("Local Law 32"). For a discussion of Local Law 32 and the New York City Commission of Human Rights Guidance issued in connection therewith, see here. Yesterday, prior to its originally scheduled effective date of May 15, 2022, the New York City Council passed an amendment to Local Law 32 which, among other things, delays its effective date to November 1, 2022. The amendment will now be sent to Mayor Adams for his signature.
The Amendment
The amendment to Local Law 32 attempt to balance the concerns of business groups against the goals of achieving pay equity that the legislation is intended to promote. To this end, the effective date was pushed back to November 1 to give businesses time to prepare to implement it.
Additional changes include:
- Clarification that Local Law 32 applies to positions paid on an hourly or a salary basis;
- Specific exclusion of job advertisements for positions "that cannot or will not be performed, at least in part, in the city of New York";
- Limitation of private right of action to current employees against their current employers; and
- Elimination of monetary penalty for first violation, provided that the employment agency, employer, employee, or agent thereof submits satisfactory proof that any violation has been cured within 30 days of service of a complaint regarding such violation. Submission of such proof shall be deemed an admission of liability.
The November 1 effective date gives employers an additional six months to implement changes to their hiring practices, necessary to comply with Local Law 32. Such efforts should be undertaken promptly.
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