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New law bans California employers from asking applicants their prior salary

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Re: New law bans California employers from asking applicants their prior salary

#571
post #524
post #6

Earlier quoted context omitted.

Equifax has salary data? I hadn't heard that. //edit: Well shit, TIL: https://krebsonsecurity.com/2017/10/equifax-breach-fallout-y...

That is a total nightmare. How are employers allowed to give that kind of information to Equifax? I do not get why Americans allow this.

It's not different than credit card companies giving payment histories to credit bureaus or insurance companies giving claims history to LexusNexis.

Re: New law bans California employers from asking applicants their prior salary

#572

I don't think this is a right way to go about trying to narrow the gender wage gap. Half of the reason we have one (a wage gap) is because it's taboo in America to reveal how much you get paid with your co-workers. It makes no sense to me why that is the case, all it does it allow the company to screw you over more. The solutions should be to have each company come up with there own publicly available pay scale that…

And that's how you end up with a system which very few top performers want to work under. I positively shudder at the thought of a system which coupled my compensation to years of experience. That is in no way a reliable gauge of ability and smart companies know that. Nor do I want my coworkers knowing what I make. That fosters an atmosphere of competition where anyone who makes less than me is jealous.

Because everyone is a super awesome top performer? I think not, if anything the right way would be to have a balanced team with each person being experts in there own field.

Also, from my experience going from meh to top performer boils down to motivation and not skill. Among some other minor things.

While you don't want co-workers knowing what you make, I assume because you think/know you make more than them? what happens when you find out you messed up and everyone you work with makes more than you?

Regardless of that answer as long as wages are taboo to talk about or "fosters competition" there will ALWAYS be a wage gap. whether it's because of conscious or unconscious bias.

And I get it, right know I'm the lowest paid worker on my team, while generally outshining the rest on my skill. I just don't have a degree, and not that much "professional" time in the field. <-- but that's another problem in it's own right.

Re: New law bans California employers from asking applicants their prior salary

#573
post #554

Earlier quoted context omitted.

Can I use it to find out what my co-workers make and negotiate a better salary,

No. The FCRA makes you obtain premission from your coworker first. You give permission to your employer to query those sorts of databases when agreeing to a "background check" as a condition of being hired.

If the employer needs permission, then they presumably don't get that permission if it's against this new law.

Re: New law bans California employers from asking applicants their prior salary

#574
post #407

Earlier quoted context omitted.

>you generally have to give your income. Well, you certainly don't have to give your "real" income. Aspirational income is fine.

You'll be in a lot of trouble if you ever default and provided "aspirational" income, or at least that is the impression I get from the text that accompanies such inquiries.

https://archives.fbi.gov/archives/buffalo/press-releases/201...

>ROCHESTER, NY—U.S. Attorney William J. Hochul, Jr. announced today that David P. Gaylord, 51, of Rochester, New York, pleaded guilty to bank loan application fraud before the U.S. District Judge Charles J. Siragusa. The charge carries a maximum penalty of 30 years in prison a fine of $1,000,000.

>Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that in 2006, while residing in the Western District of New York, the defendant submitted various credit card applications to Advanta Corp., Bank of America, and Family First Federal Credit Union. Gaylord knowingly provided false information regarding his income in order to obtain lines of credit from the banks and credit union. The defendant indicated that his income was anywhere between $90,000 to $122,000 when, in 2006, he reported to the Internal Revenue Service that his income was approximately $12,488. Gaylord ended up leaving outstanding balances on the various lines of credit and filed for bankruptcy.

Re: New law bans California employers from asking applicants their prior salary

#576
post #571
post #524

Earlier quoted context omitted.

That is a total nightmare. How are employers allowed to give that kind of information to Equifax? I do not get why Americans allow this.

It's not different than credit card companies giving payment histories to credit bureaus or insurance companies giving claims history to LexusNexis.

Shouldn't this be handled by a government agency? It seems awfully risky to have unaccountable companies trade your sensitive information around for profit.

Re: New law bans California employers from asking applicants their prior salary

#577
post #576
post #571

Earlier quoted context omitted.

It's not different than credit card companies giving payment histories to credit bureaus or insurance companies giving claims history to LexusNexis.

Shouldn't this be handled by a government agency? It seems awfully risky to have unaccountable companies trade your sensitive information around for profit.

The government is at least equally incompetent if not more so, at least if a private entity screws up you can sue.

Re: New law bans California employers from asking applicants their prior salary

#578
post #576
post #571

Earlier quoted context omitted.

It's not different than credit card companies giving payment histories to credit bureaus or insurance companies giving claims history to LexusNexis.

Shouldn't this be handled by a government agency? It seems awfully risky to have unaccountable companies trade your sensitive information around for profit.

Some of this stuff is handled by the government, such as your driving record (which includes accidents and tickets). You can obtains a copy of yours from your state's DMV.

They aren't totally unaccountable, there is some regulation, notably the Fair Credit Reporting Act, as well as other laws that regulate data brokers.

Americans, in general, are much more comfortable with private for-profit industries handling these sorts of matters over governments.

Anyways, there's absolutely no laws that salaries should be kept secret, your employer can post that information anywhere it wants. In fact, government employees salaries are expressly public information. The reason why employers limit access to salary data is because it keeps salaries lower, it gives them an upper hand in salary negotiations due to information asymmetry. That's why the salaries of professional athletes are public information, they have unions who make sure this information is available.

For me it's a good thing this information is available. I pay lower interest rates, lower insurance premiums, have more access to credit, have no trouble renting before I bought a house.

Re: New law bans California employers from asking applicants their prior salary

#579

Earlier quoted context omitted.

Unless the protected characteristic is in some material way relevant to the role, asking such questions is likely to contravene the law or laws establishing the protection. It's not a criminal act, but it is unlawful; to do so, without a very clear and compelling argument for why it's relevant to the candidate's ability to perform the job, places the organization at the mercy of any candidate who cares to file a clai…

It's more unwise than unlawful.

Fair. I sort of assumed from "don't even think about doing this unless you have signoff from general counsel in writing" that it was the latter, but on further research, I am indeed finding the former is more accurate to fact.

Re: New law bans California employers from asking applicants their prior salary

#580

Earlier quoted context omitted.

>No thank you. >My salary is private. I do not want my family and friends to know how much I make. But have you thought about why you feel this way? I assume you are American, as am I, and so I understand we've been socialized by our culture to feel this way, but it really makes no sense. It's just a way to harm workers by keeping us from seeing when we're being screwed. I'd even go so far as to wager that this entir…

>>But have you thought about why you feel this way? Yes. I don't want to increase my attractiveness regarding a house robbery, as I live well below my means in a developing neighborhood, amongst other reasons. I very much understand the concept of leverage and have no problems privately discussing my salary amongst groups that I trust. That doesn't include the entire Internet.

Being rich doesn't increase your chances of being robbed by your relatives or strangers, it's just the opposite it seems https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5137
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