The New York City Council passed a bill on December 15, 2021 that requires job postings to include the minimum compensation for the job and will likely restrict the range of permissible content for job listings posted in the City.[1] The new bill, which now awaits the signature of Mayor Eric Adams, will amend the New York City Administrative Code by adding the following language to Section 8-107 of the Code:
28. Employment; minimum salary in job listings. It is an unlawful discriminatory practice for an employer, employment agency, employee or agent thereof to post a listing for employment within the city of New York, in any media, without stating the minimum salary for such position.
In addition to a job posting containing the minimum salary under the new law, according to the bill’s notes, employers should make a good faith effort to determine a position’s salary range. Also, the bill’s summary makes clear that temporary staffing firms are exempt from the legislation.
This legislation finds approval only months after the City extended coverage of its Human Rights Law to domestic workers through the passage of Introduction 0339-B.[2] Mayor Adams’ signature would serve as an early indication of his administration’s approach to the City’s labor and employment laws.
The bill, if approved, will take effect 120 days after the Mayor signs it. Employers posting open positions in or for jobs located in New York City should prepare to include the minimum compensation in future job listings and should be mindful of administrative rulemaking by the New York City Commission on Human Rights, which may provide additional details going forward. Further, given the prevalence of remote work arrangements due to the Covid-19 pandemic, it is incumbent on employers to consider the potential impact of this bill on an applicant who is not located in New York City but applies to work remotely for a New York City posted job.
