Salary Transparency Law – common sense and good business

While it was big news in the US in the last few months, due to the war in Ukraine, the subsequent energy crisis and the death of Her Majesty the Queen a very interesting – and in my view pioneering – piece of legislation put onto the statute books in New York may have missed your attention.
Enshrined in the New York City Human Rights Law the snappily titled “salary transparency provisions” demands that employers advertising jobs in New York City must include “a good faith salary range for every job, promotion, and transfer opportunity advertised.”
Simple! And in an instant delivers fairness and transparency in the mystical world of corporate recruitment.
The new legislation comes into force in a couple of weeks on November 1st – so it will be a while before we see the impact, but I suspect it will be significant.
Businesses need to understand that communications to prospective future employees – the talent that will drive the business and hopefully lead to growth and innovation – need to improve. If the salary is ‘highly competitive’ or ‘market leading’ then prove it and show us the money – literally.
As with all work and human interactions, transparency should be key!
While report after report shows that salary isn’t often the main reason people move jobs, I wager there are few people who jump roles (unless for very specific reasons) that actually take a pay cut.
This new rule is hugely significant and will start a process of openness. Time after time,
candidates are upfront, honest and transparent about their education, qualifications and experience during the interview process, only to run the risk of being misled by the recruiter about salary, knowing there’s really no way for the candidate to find out the real scale the company has budgeted, and to get transparency as to the job’s salary benchmarked against peers already working in the business.
So what are the new rules:
All employers that have four or more employees covered are including this new provision of the law, with owners and individual employers counting towards the four employees. There’s a kicker too – to ensure a catch-all – the four employees do not need to work in the same location, and they do not need to all work in New York City. As long as one of the employee’s works in New York City, the workplace is covered.
The rules that cover salary transparency are: (taken from the NYCCHR website)
“Employers must state the minimum and maximum salary they in good faith believe at the time of the posting they are willing to pay for the advertised job, promotion, or transfer opportunity. “Good faith” means the salary range the employer honestly believes at the time they are listing the job advertisement that they are willing to pay the successful applicant(s).
Employers must include both a minimum and a maximum salary; the range cannot be open ended. For example, “$15 per hour and up” or “maximum $50,000 per year” would not be consistent with the new requirements. If an employer has no flexibility in the salary they are offering, the minimum and maximum salary may be identical, for example, “$20 per hour.” “
That feels fairly simple, straightforward and clear to me – and a result for potential candidates.
Of course, there are some issues – how do you account for the experience of someone whose been in the job for years being on a higher salary because of annual increments?
And with employment packages differ big hugely / the value of pension, shares, bonus, health etc can add thousands of invisible perks
But all of these are issues already in the market anyway.
The simple and straightforward fact is that by stating salaries there should be a reduction in pay gaps based on gender or race.
Enforcement is through complaints of discrimination filed by members of the public, with employers and employment agencies who are found to have violated the legislation being open to paying financial damages to affected employees – penalties can be up to $250,000 (ouch!)
Right now – a huge round of applause for the New York City Commission on Human Rights. It would be superb to see this initiative being passed into legislation in more jurisdictions. (Since beginning to research this subject, it appears the state of Colorado already has a similar law – and in Europe it’s already law in Austria)
Of course, there is nothing stopping businesses from taking the initiative and rolling out salary transparency without being forced into it by the law!
It would show open leadership. Plus based on comments on social media linked to the announcement of the implementation of the new rules, many have said it would be a sign of a company they would WANT to work for – so it’s good business for those companies wanting to get high quality candidates in an ever challenging employment market.


