Good Faith
An honest and sincere belief regarding the accuracy of the disclosed compensation range.
Definitions (4)
In the context of New York State Labor Law § 194-b, 'good faith' refers to the employer's genuine and honest belief that the disclosed minimum and maximum compensation range for a job, promotion, or transfer opportunity is accurate at the time the advertisement is posted. This prevents employers from listing arbitrary or excessively broad ranges that do not reflect their true compensation intentions.
In the context of New York City's pay transparency law, 'good faith' refers to the employer's honest and sincere belief regarding the minimum and maximum salary or hourly wage they would pay for an advertised position at the time of posting. This implies that the employer must conduct a reasonable assessment, considering factors like the job's responsibilities, required qualifications, experience levels, and market data, to establish a realistic and non-arbitrary compensation range. Providing an excessively broad, misleading, or intentionally inaccurate range would not be considered 'good faith' compliance.
In the context of Act 102, 'good faith' refers to the employer's honest and reasonable expectation of the minimum and maximum compensation for a position at the time of creating a job advertisement. This expectation should be grounded in objective factors such as internal pay structures, budgetary considerations, market data, or other legitimate, non-discriminatory criteria, rather than arbitrary figures.
In the context of the New York Pay Transparency Law, 'good faith' signifies that the employer legitimately believes the posted compensation range to be accurate and reflective of what they are willing to pay for the position at the time of the advertisement. This determination should consider factors such as the job market, current employee pay levels, hiring budget, and the experience and education levels sought for the role.