Employers in Westchester County Required to Include Salary Range in Job Postings as of November 6, 2022
As employers will recall, New York City enacted a law requiring employers to include the minimum and maximum salary in job postings, effective November 1, 2022. Effective November 6, 2022, employers in Westchester County will be subject to a similar requirement.
Employers in Westchester with 4 or more employees must include the minimum and maximum salary for a position in all postings for a job, promotion, or transfer opportunity. In stating the minimum and maximum salary for a position, the range may extend from the lowest to the highest salary the employer in good faith believes at the time of the posting it would pay for the advertised role. A posting is defined as any written or printed communication, whether electronic or hard copy, stating that the employer is recruiting and accepting applications for a specific position. However, posting does not include a “Help Wanted” sign affixed to the premises of the employer, indicating only generally, without reference to any particular positions, that an employer is accepting applications or hiring.
Similar to the NYC law, employers must include the salary range in a posting for any position that can or will be performed, in whole or in part, in Westchester County, whether from an office, in the field, or remotely from the employee’s home.
The Westchester law also states that it shall be null and void on the day that Statewide legislation goes into effect incorporating either the same or substantially similar provisions as the Westchester law. The New York State Senate passed a bill that, if enacted, would require employers to include the range of compensation and the job description in each advertisement for a job, promotion, or transfer. The bill is currently awaiting the Governor’s signature. If the New York State law is ultimately enacted, the Westchester law will likely be deemed null and void by the Westchester County Legislature.
With the NYC and Westchester laws taking effect in the first week of November, employers should continue to design, and begin to implement, their compliance strategy. If you have any questions about the new laws or need assistance amending your job postings or related policies and processes, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.
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