New York City Salary Transparency Law Takes Effect on November 1, 2022

On November 1, 2022, the New York City Salary Transparency Law (“STL”) will take effect and require all covered employers to state the minimum and maximum salary range in any advertisement for a job that will be performed, in whole or in part, in New York City.  The STL will affect not only New York City-based employers, but also will apply to all employers with the minimum number of employees or domestic workers nationwide that have at least one employee working in New York City.       

Covered Employers

The STL covers all employers with four or more employees, or one or more domestic workers, as long as one of the employees works in New York City.  Owners count towards the four employees, and the employees do not have to work at the same location and they do not have to all work in New York City.  As long as an employer has at least four employees anywhere in the country and one of those employees works in New York City, the New York City workplace is covered by the STL.  Employment agencies are also covered by the STL.  Temporary help firms are excluded from coverage, but employers that work with such firms must follow the STL’s requirements.

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New York State Minimum Wage Rate for Upstate Employers Set to Increase on December 31, 2022

The New York State Department of Labor (DOL) recently announced that the minimum wage rate for employers in upstate New York (i.e., outside of New York City, Long Island and Westchester County) will increase on December 31, 2022, from $13.20 to $14.20 per hour.  The minimum wage for upstate employees is scheduled to continue to increase in future years until it reaches $15.00 per hour.  The minimum wage for employees working in New York City, Long Island and Westchester County will remain unchanged at $15.00 per hour.  The minimum wage for all areas of New York State as of December 31, 2022, is shown in the following chart:  

New York State Minimum Wage as of December 31, 2022

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EEOC Issues Updated Mandatory Workplace Poster

On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new workplace poster titled “Know Your Rights: Workplace Discrimination is Illegal,” which covered employers are required to display in their workplaces.  (Originally released on October 19, the EEOC issued a revised version on October 20.)  The new poster supersedes and replaces the previous “EEO is the Law” poster.  Like the previous poster, the new poster summarizes the laws enforced by the EEOC and provides information about discrimination based on:

• Race
• Color
• Sex (including pregnancy and related conditions, sexual orientation or gender identity)
• National origin
• Religion
• Age (40 and older)
• Equal pay
• Disability
• Genetic information (including family medical history or genetic tests or services)
• Retaliation for filing an EEOC charge; reasonably opposing discrimination; or participating in a discrimination lawsuit, investigation or proceeding

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