Masuda Funai Employment Newsflash – Effective Date of New York City's Pay Transparency Law Delayed Until November 2022

New York City’s pay transparency law was originally set to take effect on May 15, 2022; however, it will now be delayed until November 1, 2022. On April 28, 2022, the New York City Council passed an amendment to NYC’s pay transparency law which does the following:

• Clarifies that postings must include “annual salary or hourly wage” information, as applicable;
• Clarifies that coverage does not extend to “[p]ositions that cannot or will not be performed, at least in part, in the city of New York”;
• Limits the availability of a private cause of action to employees filing claims against their current employers, which seemingly excludes job applicants seeking to file claims against prospective employers under this law;
• Creates a “safe harbor” whereby employers can avoid civil penalties for a first-time violation so long as the violation is cured within 30 days and proof is provided to the NYC Commission on Human Rights; and
• Postpones the effective date until November 1, 2022.

The bill will be presented to Mayor Adams, who has the option to sign the bill, veto the bill or take no action, in which case the bill would automatically become law on May 29, 2022.

A previous Masuda Funai Employment Newsflash covering this topic can be found here.

Please contact Naureen Amjad or any member of the Employment, Labor and Benefits Group with any questions.