Illegal in Massachusetts: Asking Your Salary in a Job Interview

New York Times ^ | August 2, 2016 | STACY COWLEY

[reaganaut1]

In a groundbreaking effort to close the wage gap between men and women, Massachusetts has become the first state to bar employers from asking about applicants’ salaries before offering them a job.

The new law will require hiring managers to state a compensation figure upfront — based on what an applicant’s worth is to the company, rather than on what he or she made in a previous position.

The bipartisan legislation, signed into law on Monday by Gov. Charlie Baker, a Republican, is being pushed as a model for other states, as the issue of men historically outearning women who do the same job has leapt onto the national political scene.

Nationally, there have been repeated efforts to strengthen equal pay laws — which are already on the books but tend to lack teeth — but none have succeeded so far. Hillary Clinton has tried to make equal pay a signature issue of her campaign, while Donald J. Trump’s daughter Ivanka praised her father for his actions on this issue when she spoke at the Republican National Convention.

By barring companies from asking prospective employees how much they earned at their last jobs, Massachusetts will ensure that the historically lower wages and salaries assigned to women and minorities do not follow them for their entire careers. Companies tend to set salaries for new hires using their previous pay as a base line.

“I think very few businesses consciously discriminate, but they need to become aware of it,” said State Senator Pat Jehlen, a Democrat and one of the bill’s co-sponsors. “These are things that don’t just affect one job; it keeps women’s wages down over their entire lifetime.”

[Iscool]

In numerous instances some candidates were interviewed because they appeared to have “potential” rather than a proven track record or the required qualifications. Any salary offer reflected that shortfall and risk.

What risk??? Been pretty customary for a 90 day tryout period...Surely someone knows if the employee is satisfactory in 3 months...

[Svartalfiar]

I find this story baffling. I’ve never been asked about my current salary in a job interview.

Most places included a salary rate when you fill out the application, as part of the previous work experience. But, I just leave those blank or type in a '0'. None have ever had any issues with it before.

[Iscool]

Having that freedom is worth more than a few $ to me, and a lot of other women out there, and that’s what they don’t factor in..

Are men offered the same opportunities??? If so, it would or could be a different job classification...

[Iscool]

I can see this being abused to the deterement of potential employees.

It is...Reputable employers don't do that...

[bjc]

Customary where? Not in my management consulting business in Massachusetts. The notion of a trial period makes sense, but candidates who have to relocate would not stand for it.

[Iscool]

It will put recruiters in a bit of a bind. If they have a job paying $70K and you are already making $90K it’s best for all concerned to get that on the table and make sure that you aren’t wasting your time.

I don't think so...All they have to do is ask what the potential employee is expecting instead of what he/she is making now...And then tell the prospect that 'this is what we are paying for the position'...It didn't say the law eliminated wage negotiation...

[Iscool]

I will predict right now that Massachusetts will be the first state to ban employers from asking about salary, but will allow them to require a pre-employment urinalysis for nicotine.

That already happens in Michigan...Shape Corporation, Grand Haven, Michigan...And then they do random tests of employees thru out their employment...And if they fail the test, they are fired on the spot...

[Buckeye McFrog]

Scott’s Lawn Products in Ohio started doing that about ten years ago. It was very controversial, but to my knowledge it is still going on.

[Svartalfiar]

I always said that pay would be negotiated when I was actually offered the job

Hate to say it, but 7 out of 10 employers would end the interview right there. They want to have cost certainty (within a certain range) before investing their time and effort negotiating with you.

Eh it's really a hit or miss type of thing. Yes, you can have a vague mention of salary range, and most people/companies do that. The business I'm in generally has a decently paid level ($25-50/hr) of people who know what they're doing, and a low ($10-15/hr) rate for kids who have no idea but can do the basics. Which some companies are mostly made up of. So anytime I look into a new position (I'm freelance/contract), one of the first things I do is ask about the pay range they're looking at. If they're on the mid-lower end, I usually just tell them that won't work for me and I don't want to waste their time or mine. Most people I've talked to hr/director/etc are usually understanding and cool with it. They know how the industry works.

[Iscool]

Apparently, there’s quite a large number of people here who’d support it also.

I think most of us here work for someone else for a living...

[Iscool]

Customary where? Not in my management consulting business in Massachusetts. The notion of a trial period makes sense, but candidates who have to relocate would not stand for it.

There are always exceptions to any rule...In a business such as yours a low wage prospect may indicate that there wasn't much knowledge required in his/her previous position...So perhaps this law shouldn't be universal...And maybe it isn't...

[Alberta's Child]

If you think companies and organizations do not ask about these directly or indirectly, you need to get out more on the Internet and read the news stories.

I never said they didn't. I just wondered why anyone would work for a company that asked such intrusive questions without a good reason.

Personally, a potential employer could ask me anything they want. I'd either give a straight answer or I'd get up and walk out of the room. Either way, I don't have a problem with an employer asking questions like this.

[Alberta's Child]

We don’t have a “known quantities” group at all ... at least not officially.

[napscoordinator]

Yeah but if you are asked how much you made at your last job and you say 63K and they offer 68k instead of 75k you could have gotten if nothing was said. I hate having to put down prior salaries on my applications.

[stevio]

You can always decline to give your salary.

[wbill]

Yep, it's hard to find quality people anonymously. Good headhunters (not body shops) help some with the weedout. But they're not cheap.

I've had to go through the legal song and dance routine too - from both sides of the desk. Foolish.

What I particularly dislike is that people think they "must" do whatever the employer requests. "Must" give salary info, "must" talk about personal life, etc etc. Heck, there's comments like that right here on this thread.

There are no "musts". It's just a question of how badly you want to work at that particular job. You can always say "No Thanks" and move on. People forget that employment is a two-way street. In general, when I'm hiring I want to find the best possible person, bring them on board, and get the process over with. I have work to do, and to get done. Flip side, if I have a good person working for me, then in general I'll do what it takes to keep them around.

Here's a hint, when you walk into your boss's office and say, "IF you make me do this, I QUIT." and they say, "OK, nice working with you." ....probably you weren't long for the job, anyway. :-)

During the interview process especially, if the employer asks you for things that you're not comfortable with, how do you think they'll treat you once you've got both feet under the covers with them? And after hiring - this is more rare, but I've done it - I've drawn a firm line on things that I won't do. Usually it's about transfers that involve a long-distance move. The employer has always been understanding about it - I might have missed out on opportunities, but that's part of the deal.

[napscoordinator]

Holy cow! I am asked everytime I apply for a job. Heck it’s on the application after submitting my resume. If I make the second pool they send an application and it’s always on there. At the end negotiations begin.

[meadsjn]

This law makes the employer offer you market wages instead of just 10 percent more than you’re making now.

This kind of comment makes me embarrassed to be a Freeper.

What's wrong with letting the market determine the price of labor, rather than a crony communist?

[wbill]

Me too. I leave it blank.

If they push (and usually it's the frontline HR, that are literally checking boxes on a form) then I give them some form of, "I need to know more about the position before discussing salary."

With one exception, it's never gone past a round or two of that. And the one exception was a HR girl who was brand new and had an irrational compulsion to fill out every check box and blank space on the form that was in front of her. ("No, I'm not going to give you my Social Security Number before I even interview here.") HR VP came in on our conversation and set things straight.

The only catch is that if you draw that line in the sand and you get some PITA who calls you on it ... you need to be prepared to walk.

[E. Pluribus Unum]

You don’t have to tell the truth. There is no way they can check. It’s highly unlikely they will contact your current employer and ask, and equally unlikely that your current employer would tell them if they did.

It’s all part of the negotiation.