New York City Pay Transparency Law Applies to Remote Jobs – SHRM

by | Nov 29, 2022 | Jobs

​With more employers allowing remote work anywhere in the country, a New York City law may compel companies outside the city to be more transparent about pay rates.New York City joined other jurisdictions like California, Colorado and Washington in requiring employers to list salary ranges in all job postings. The city law took effect Nov. 1. The New York State Legislature also passed a pay transparency law, but it hasn’t yet been signed by Gov. Kathy Hochul.The new pay transparency laws throughout the country aim to accelerate efforts to close gender and racial pay gaps, according to Lynne Anderson, an attorney with Faegre Drinker in Florham Park, N.J. “It’s starting to become more of a movement,” she said.Impact on Remote JobsTo fill remote positions, employers outside of New York City will have to comply with the city law if a New York City resident might take the job.  “A strict interpretation of the law suggests that if there is any possibility that some or all of a job may be performed in New York City, even remotely, the law is applicable. As such, an employer must carefully review whether there is a chance it may hire a remote worker living in New York City,” said Jason Habinsky, an attorney with Haynes Boone in New York City. “If the hiring of a New York resident is unlikely [because a local presence is needed elsewhere], an employer could take the position that compliance is not warranted.””Employers that do not already have employees in New York City need to be cognizant that employing a hybrid or remote worker in New York City could cause them to become covered under the law and require their compliance with its pay disclosure requirements, …

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