On November 6, 2022, Westchester County’s pay transparency law took effect, just days after the New York City law (we discussed the NYC law in a previous newsletter article – see here). Like the City law, the Westchester County law requires employers to include a pay range in each of its job postings.
Who is affected and what job postings are covered?
All employers with four or more employees, as well as labor organizations, employment agencies, and licensing agencies, must comply with the pay transparency law when advertising a position that will be performed in Westchester County. This includes both remote and in-person positions, and applies whether the work is to be performed in whole or in part within the County.
What employment practices are prohibited by the County law?
Covered employers are prohibited partaking in the following employment practices:
- Posting a job, promotion, or transfer opportunity without including a minimum and maximum salary or wage range. The range must be one that the employer in good faith believes, in good faith, they are willing to pay for the position at the time of posting. This applies to all job postings, whether hard-copy or electronic, with an exception for “Help Wanted” signs that do not indicate a specific position.
- Relying on the salary or wage history of a prospective employee in order to determine the prospective employee’s salary or wage. The exception to this prohibition occurs only when the employee themself offers the history.
- Requesting from a current or prospective employee’s current or former employer, the prospective employee’s wage or salary history. Only if the prospective employee voluntarily shares this information may the employer request the information from the current or former employer.
- Making it a condition of an interview or an employment offer that a prospective employee disclose their own wage history.
- In the event an employer becomes aware of the wage history of a current or prospective employee, an employer may not retaliate against, or refuse to hire, the individual.
How will this law be enforced?
Violators of the County’s pay transparency law may be subject to civil penalties of up to $125,000, or up to $250,000 for willful violations. Liability may also include damages, back pay and attorney’s fees.
If you have any questions about the new obligations under this law, please reach out to us.