Legislation requiring employers to include salary information in employment advertisements is increasingly popular and common in the tri-state area.
In January of 2022, New York City passed a wage transparency law requiring all employers with four or more employees, or one or more domestic workers, to include both a minimum and a maximum salary or hourly wage in employment advertisements. Employers must follow this law when advertising for positions that can or will be performed, in whole or in part, in New York City. The advertisement does not have to include details on other job benefits. While employment agencies are subject to this law, temporary help firms are not. This law took effect in November of 2022.
Jersey City enacted a similar law last year requiring employers with five or more employees with their principal place of business within Jersey City to post minimum and maximum salary and/or hourly wages as well as benefits in employment advertisements. The Jersey City law also prohibits employers from screening job applicants based on their salary history or require applicants’ salary history satisfy any minimum or maximum criteria. Jersey City did not carve out any exemption for temporary help firms.
On December 21, 2022, New York State’s Governor Kathy Hochul signed a state-wide wage transparency law. Under this law, any employer with four or more employees must include salary ranges, job descriptions (if such job description exists) and general descriptions of other benefits in any employment advertisements where the job opportunity can or will be performed, at least in part, in the State of New York. Temporary help firms are specifically excluded from the requirements of this law. This law takes effect in September 2023.
The State of New Jersey does not yet have a state-wide wage transparency law although legislation has been proposed. The text of the proposed bill applies to all employers with ten or more employees and does not carve out an exception for temporary staffing firms.
If you are a qualifying employer operating in New York City, New York State or Jersey City, New Jersey, review your job advertisement to ensure compliance with the applicable wage transparency law. Violations can subject employers to civil penalties and fines.