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How does this work in California given that employers cannot ask for a candidate's salary even through an agent? Does this not qualify? Effective January 1, 20
by dataflow 5y ago
How does this work in California given that employers cannot ask for a candidate's salary even through an agent? Does this not qualify?
Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits. [1]
[1] https://www.dir.ca.gov/dlse/california_equal_pay_act.htm https://www.dir.ca.gov/dlse/california_equal_pay_act.htm
- nsxwolf 5y agoWould equifax be the agent in this case?
- dataflow 5y agoThat's one possibility I'm wondering about, I don't know.
- BeefySwain 5y agoIt appears to be even more restrictive then that: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=432.3.&nodeTreePath=3.1.3.3&lawCode=LAB https://leginfo.legislature.ca.gov/faces/codes_displaySectio... > An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. That being said, how do you enforce a provision like that in the face of every company having all information on every candidate, seeing that mind reading hasn't been invented yet.
- rdtwo 5y agoWon’t eqifax tell you if someone requests the data therefore you can tell if the law is violated
- deleted 5y ago[deleted]
- chrisjc 5y agoI believe the point Beefy is making is that once they have your information, how can you prove that it was used in determining whether someone gets hired or how much their salary will be.
- strogonoff 5y agoIf it’s possible to sue for discrimination based on gender identity and orientation, why would it be impossible to sue for discrimination based on salary, if you have a record of prospective employer checking your salary records?
- _archon_ 5y agoPeople in salary ranges are not a protected class; sexual orientation is protected.
- dataflow 5y agoOh, interesting, thanks! And now I wonder if this includes compensation besides salary.
- bradlys 5y agoIf you get RSUs - it does. It shows up in my payroll quite clearly as an obvious bump when I vest. You can even tell when I'm deferring for 401k. It's absolutely fucked. I'm guessing this is an integration with ADP - who my current employer uses.
- dataflow 5y agoSorry, to clarify, I meant in terms of whether any aspect of compensation can be legally used to influence how much non-salary compensation a company offers to a candidate.
- toomuchtodo 5y agoIt appears you might be able to have this information deleted if you’re a California resident and the CCPA protects your data rights: https://myprivacy.equifax.com/personal-info https://myprivacy.equifax.com/personal-info I’m not a California resident. Can someone who is try and report back? Sounds like a follow up blog post/instructional tutorial is needed if it works, and calls to state and local reps that this should be opt in.
- DesiLurker 5y agothanks for sharing