New York Metropolis Pay Transparency Act
New York Metropolis is following go well with and becoming a member of different jurisdictions within the pattern to create pay transparency. The brand new pay transparency legislation (New York Metropolis Pay Transparency Act or the legislation) amends the New York Metropolis Human Rights Legislation making it illegal for an employer to promote a job, promotion, or switch with out together with wage ranges (minimal and most).
Efficient Could 15, 2022, the legislation requires employers with a minimum of 4 workers positioned in New York Metropolis and impartial contractors to submit the bottom and highest wage that the employer believes it could pay in “good religion” on the time of posting for the marketed job, promotion or switch. Notably, the legislation doesn’t apply to non permanent positions marketed by non permanent staffing companies.
The New York Metropolis Fee on Human Rights (Fee) might impose a civil penalty of as much as $125,000 per violation if the Fee finds that the employer engages in an unlawfully discriminatory follow in violation of the legislation. If the illegal discriminatory follow is discovered to be a “willful, wanton, or malicious act,” on the a part of the employer, the Fee might impose penalties of as much as $250,000.
All employers positioned in New York Metropolis or who’ve workers positioned in New York Metropolis ought to put together to adjust to the modification and be looking out for steerage from the Fee on compliance. Alicia McCauley, Press Secretary for the Fee, has suggested that the Fee will have interaction in outreach doubtless beginning round April, on the intricacies of the legislation. That features offering an FAQ doc, a one-page rationalization of specifics, and recommended outreach for employers. This steerage shall be essential to compliance as a result of the legislation at present doesn’t outline the time period “promote” and doesn’t differentiate between internally posted versus externally posted jobs. Furthermore, the legislation doesn’t outline a “wage” or present any clarification on the necessities for non-salaried positions.
Synthetic Intelligence
Efficient January 1, 2023, New York Metropolis enacted Int. 1894-2020A (the invoice) proscribing using synthetic intelligence in employment choices. The invoice prohibits using “automated employment resolution instruments” to display candidates or workers. “Automated employment resolution instruments” are outlined as “any computational course of, derived from machine studying, statistical modeling, information analytics, or synthetic intelligence, that points simplified output, together with a rating, classification, or advice, that’s used to considerably help or exchange discretionary resolution making for making employment choices that affect pure individuals.”
Regardless of this invoice, any employment device which has been topic to a “bias audit” not more than a 12 months previous to its use should be used. The time period “bias audit” means “an neutral analysis by an impartial auditor” that assessments the device’s disparate affect on people based mostly on race, ethnicity, and intercourse. A abstract of the outcomes of the latest bias audit of such device, in addition to the distribution date of the device have to be made publicly obtainable on the web site of the employer a minimum of ten enterprise days previous to using such device. Furthermore, any employer that does use such a device to display an worker or a candidate, shall notify every worker or candidate of its use and the job {qualifications} and traits that the device will use in its evaluation. This discover requirement should additionally happen a minimum of ten enterprise days prior. The invoice then provides candidates the suitable to request an alternate choice course of or lodging.
Employers who fail to adjust to the invoice’s necessities may face first time fines of $500 and as much as $1,500 for subseuent violations.
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