Jason Habinsky in HR Magazine: ‘New York City Pay Transparency Law Applies to Remote Jobs’

December 02, 2022

Haynes Boone Partner Jason Habinsky was featured in an HR Magazine article. Below is an excerpt:

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. …

"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." …

There may be some leniency for first-time violations. "In this initial phase, we expect the New York City Commission on Human Rights to be particularly active in order to ensure that employers have implemented the required updates to job postings," Habinsky said. "However, the commission has suggested that it will allow violating employers one strike and 30 days to cure an initial violation." 

Additional violations will have steeper consequences. "An employer may have to pay a penalty up to $250,000 for an uncured violation and any further violations. Individuals may also bring a private cause of action against an employer in court," Habinsky noted.

Excerpted from HR Magazine. To read the full article, click here.

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