Starting on May 15, 2022, New York City will require all employers in the city with four or more employees to disclose the acceptable salary range for any position it advertises. This is meant to deal with a surprisingly common problem, where employers would advertise a position without also advertising the salary, leading to what many would consider deceptive business practices. This information can help potential job applicants to ensure they are making an amount of money appropriate to their position, rather than having to operate blind.
What the New Law Says
Under the new law, any employer that employs four or more employees in New York City (including independent contractors) must publicly disclose the minimum and maximum salaries for any job it posts. This includes open positions for new hires, promotions, or transfer opportunities. Any employer found to be in violation of this law could face fines of up to $125,000 per count, or as much as $250,000 if it is found to have been done as a “willful, wanton, or malicious action.”
Why This Law Was Passed
It has been fairly common in many public job postings for employers to post a request for job applications without disclosing the salary range in the job description. This allows employers to undercut prospective employees by depriving applicants of the knowledge of how much money someone like them should expect to make in their position. By the time an employee finds out how much they will be paid, they may be so deep in the application process that they will accept being underpaid to avoid the risk of losing out on the position.
How This Law Will Help Workers
First, this law will help employees know exactly what they are applying for when they send in their application, so they are not surprised by their salary when they go into an interview. Second, it can help current employees who can compare their own salary against what is being offered by their company to determine if they are being underpaid. This increase in salary transparency will also help ensure that an employer’s salary range is in line with other positions in the same industry, giving employees a better chance of negotiating for better pay.
What Should You Do
If you are a resident of New York City and begin looking for work on or after May 15, you should check to make sure any job openings within the city have a salary range in their advertising. You should also check your own salary to make sure it is consistent with people in the same profession to ensure you are not being unfairly underpaid. If you find you are being underpaid, you can negotiate for a salary raise. If your employer penalizes you or fires you for attempting to negotiate for better pay, you may be able to seek compensation.
If you have gotten into a legal dispute with your employer, it is important that you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 40 years’ experience handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000 or visit his contact page.
