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NYC’s pay transparency legislation is in impact — and employers could also be testing its limits

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Employers seemingly are already testing the bounds of New York Metropolis’s pay transparency mandate, which took impact Nov. 1.

The legislation requires a “good religion” wage vary in job listings, nevertheless it’s not clear simply how vast that vary may be.

PwC, for instance, marketed an account govt place paying $116,000 to $268,000 — a greater than $160,000 span.

A job itemizing for a New York Put up sports activities reporter provided a variety of $15 per hour ($31,200 yearly, assuming a 40-hour workweek) to $125,000 yearly. In its advert, the Put up stated its ranges “replicate our good religion estimate to pay pretty as to what our ideally suited candidates are prone to count on, and we tailor our affords throughout the vary primarily based on the chosen candidate’s expertise, business data, technical and communication abilities, and different elements that will show related in the course of the interview course of.”

In one other itemizing with a virtually $100,000 distinction between minimal and most salaries, Citigroup marketed a shopper service officer function for $61,710 to $155,290. That vary was posted after Twitter customers initially identified a $0 to $2 million marketed vary.

The unique Metropolis Financial institution job posting, which has since been amended.

Kathryn Moody/HR Dive


Such postings are exhibiting up in Twitter threads in addition to at the very least one media job tracker on Nieman Lab. Whereas some firms look like posting helpful wage ranges for his or her New York Metropolis jobs and past, others both have posted ranges like these famous above or just haven’t posted any ranges in any respect.

The notably expansive postings are prompting some to ask: Do they meet the “in good religion” requirement of the legislation?

Based on a reality sheet on the legislation: “‘Good religion’ means the wage vary the employer truthfully believes on the time they’re itemizing the job commercial that they’re keen to pay the profitable applicant(s).” Listings should additionally embrace a minimal and most wage, so merely posting a wage ground, for instance, wouldn’t fulfill the legislation’s necessities, but when a job has no wage flexibility in any respect, the minimal and most may be equivalent, the sheet says.

Enforcement will probably be primarily based on complaints however New York Metropolis’s Fee on Human Rights can also provoke its personal investigations “primarily based on testing, suggestions, and different sources of knowledge.”

Among the postings could also be placeholders — and oversights — left over because of HR administration system necessities, Mariann Madden, WTW’s Honest Pay co-lead in North America, informed HR Dive in an e mail. “You see some HRMS require the pay vary be entered (even when it isn’t sensible) in order that the worker may be paid,” Madden stated. “Which means that the group might have thought utilizing the sphere would meet the NYC legislation however they didn’t overview their system to see if there have been any ‘dummy’ pay ranges that ought to be corrected.”

Madden additionally famous that posting egregiously vast pay ranges might deter job seekers, as “these employers aren’t following the lawmaker’s intentions, that are to supply job seekers with visibility and readability on the pay they might be provided.”

However Monster’s Chief Human Capital Officer Claire Barnes informed HR Dive that even very vast wage ranges might meet the “good religion” requirement. “Whereas some candidates may need the wage numbers have been much less broad and extra particular, these ranges supply a springboard for negotiation, give folks extra leverage to advocate for themselves and allow job seekers to make extra knowledgeable choices on whether or not to use for jobs.” 

California has the same legislation going into impact Jan. 1, 2023, for employers with 15 or extra staff. Colorado’s has been on the books since final 12 months, and early stories famous that some job postings intentionally excluded Colorado candidates from distant roles.

Consultants informed HR Dive, nevertheless, that the chilling impact probably gained’t be everlasting, particularly as employers wrestle to compete in a sophisticated expertise market. And extra states and localities have begun to go wage disclosure legal guidelines, although not all require ranges up entrance in job postings.


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