5 ms·

> The sweeping New York City rules will apply to almost all companies except for the smallest firms. Any business with at least four workers, assuming at least

> The sweeping New York City rules will apply to almost all companies except for the smallest firms. Any business with at least four workers, assuming at least one of them is based in the city, must include the lowest and highest salaries for any job it posts. ...so, uh, question, because I'm getting increasingly confused about how jurisdiction works. Let's say Houston passes a law which makes it illegal for companies to disclose salary ranges. I have no idea why Houston would do that, but stupider laws exist. BigCorp has employees in both Houston and New York City. Heck, BigCorp probably has at least one job which requires alternating between NYC and Houston to meet with different teams. How does BigCorp avoid breaking the law?

covidiot5 4y ago
ipaddr 4y ago
Have them work from the Florida office and bypass this
- Wowfunhappy 4y ago
  Does even that work? They're saying if the company has any jobs that could be performed in the NYC—even fully remote jobs—they have to post salary ranges for all jobs, as I understood it.
  - bombcar 4y ago
    We could test this pretty easily by getting a state to pass a privacy law that salaries cannot be disclosed, even indirectly. In reality most tiny businesses wouldn't be affected, and most larger ones would just split into two legal entities closely allied, until finally someone like Google takes it to court, where the Interstate Commerce Clause would actually be used for regulating interstate commerce. Before that, however, the states would probably work to negotiate something so they don't get slapped federally.
  - runevault 4y ago
    Colorado has a version of this, and so you'll sometimes see listings that specifically say they won't take Colorado applicants for that reason. So long as there are no current employees in NYC I would think the same could apply to this law.
tomrod 4y ago
> How does BigCorp avoid breaking the law? Without ceasing operations, they can't. It goes to court, where courts resolve it. That is one function of the court system in the US.
- colechristensen 4y ago
  It goes to federal court and the court makes a decision that states (or cities) cannot regulate each other and strikes down the laws requiring contradictory actions on entities which cross state boundaries. Too lazy to google references to similar decisions, I believe a landmark case involves shipping with either trucks or trains with states having conflicting requirements.
  - Wowfunhappy 4y ago
    So, do you think this NYC law is likely to get cut back by the courts, or would it be incumbent on another municipality to pass a contradictory law first?
    - tomrod 4y ago
      I am not a lawyer. I just like to speculate about what feels reasonable, with a remarkable 10% success rate or lower in legal rulings. My thought is that it will be a Solomon split based on how the entities set up operation. If you have operations out of NYC and hire for operations to be based in NYC, then you'll be required to post (akin to Colorado today). There seems to be precedence for this with regards to taxation.
      - Wowfunhappy 4y ago
        ...given that a ruling can go one of two ways, either for or against the plaintiff, this is in fact a remarkable success rate. By choosing the opposite of whatever you predict, someone else could accurately predict the outcome of a case 90% of the time!
        4y ago
joshuamorton 4y ago
> Let's say Houston passes a law which makes it illegal for companies to disclose salary ranges. This law would be struck down as a 1A violation. But also I believe the description of the law is slightly wrong: jobs in nyc need postings, so positions in Houston wouldn't have them, but positions in NYC would.
- Wowfunhappy 4y ago
  > But also I believe the description of the law is slightly wrong: jobs in nyc need postings, so positions in Houston wouldn't have them, but positions in NYC would. Ah, I reread the article and you're definitely right! Remote work still makes this complicated though.

covidiot5 4y ago

ipaddr 4y ago

Have them work from the Florida office and bypass this

Wowfunhappy 4y ago
Does even that work? They're saying if the company has any jobs that could be performed in the NYC—even fully remote jobs—they have to post salary ranges for all jobs, as I understood it.
- bombcar 4y ago
  We could test this pretty easily by getting a state to pass a privacy law that salaries cannot be disclosed, even indirectly. In reality most tiny businesses wouldn't be affected, and most larger ones would just split into two legal entities closely allied, until finally someone like Google takes it to court, where the Interstate Commerce Clause would actually be used for regulating interstate commerce. Before that, however, the states would probably work to negotiate something so they don't get slapped federally.
- runevault 4y ago
  Colorado has a version of this, and so you'll sometimes see listings that specifically say they won't take Colorado applicants for that reason. So long as there are no current employees in NYC I would think the same could apply to this law.

tomrod 4y ago

> How does BigCorp avoid breaking the law? Without ceasing operations, they can't. It goes to court, where courts resolve it. That is one function of the court system in the US.

colechristensen 4y ago
It goes to federal court and the court makes a decision that states (or cities) cannot regulate each other and strikes down the laws requiring contradictory actions on entities which cross state boundaries. Too lazy to google references to similar decisions, I believe a landmark case involves shipping with either trucks or trains with states having conflicting requirements.
- Wowfunhappy 4y ago
  So, do you think this NYC law is likely to get cut back by the courts, or would it be incumbent on another municipality to pass a contradictory law first?
  - tomrod 4y ago
    I am not a lawyer. I just like to speculate about what feels reasonable, with a remarkable 10% success rate or lower in legal rulings. My thought is that it will be a Solomon split based on how the entities set up operation. If you have operations out of NYC and hire for operations to be based in NYC, then you'll be required to post (akin to Colorado today). There seems to be precedence for this with regards to taxation.
    - Wowfunhappy 4y ago
      ...given that a ruling can go one of two ways, either for or against the plaintiff, this is in fact a remarkable success rate. By choosing the opposite of whatever you predict, someone else could accurately predict the outcome of a case 90% of the time!
      - 4y ago

joshuamorton 4y ago

> Let's say Houston passes a law which makes it illegal for companies to disclose salary ranges. This law would be struck down as a 1A violation. But also I believe the description of the law is slightly wrong: jobs in nyc need postings, so positions in Houston wouldn't have them, but positions in NYC would.

Wowfunhappy 4y ago
> But also I believe the description of the law is slightly wrong: jobs in nyc need postings, so positions in Houston wouldn't have them, but positions in NYC would. Ah, I reread the article and you're definitely right! Remote work still makes this complicated though.