October 3, 2022
Recent amendments to the Westchester County Human Rights Law will require employers with at least 4 employees to provide a pay range in job postings. Effective November 6, 2022, it will be unlawful for employers hiring for positions performed in whole or in part in Westchester County, whether in an office, in the field or remotely, “to advertise a job, promotion, or transfer opportunity without also including the minimum or maximum salary for the job, promotion or transfer in the job posting or advertisement.”
The law defines a wage range as “the lowest to highest salary the employer in good faith believes at the time of the posting it would pay” for the position. A job posting is “any written or printed communication, whether electronic or hard copy, that the employer is recruiting and accepting applications” for a particular position. A job posting does not include general calls for applications that only indicate that an employer is accepting applications without reference to a particular position, such as a help wanted sign.
Consequences of violating this law may include payment of back pay, front pay, punitive damages, costs, and civil penalties up to and including $250,000 for willful violations.
What Should Employers Do Now?
- Review all job postings for positions to be performed in Westchester County (aside from general calls for applications) to ensure that they include a pay range as of November 6.
- Remove or update any job postings that are not compliant with the new law.
- Inform relevant staff of the new law’s requirements.
Please contact Pro Bono Partnership’s White Plains office at 914-328-0674 if you have any questions about this subject.
This document is provided as a general informational service to volunteers, clients, and friends of Pro Bono Partnership. It should not be construed as, and does not constitute, legal advice on any specific matter, nor does distribution of this document create an attorney-client relationship.