Spyke

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Got asked current salary, when I'm in CA and that is no longer legal. How can I report?

Exactly what the title says. I was asked my current base salary, not what I'm looking for. And when I refused they tried to pressure me into answering. I don't want them doing this to other people who don't know it's illegal.

I did try googling but didn't see any answers aside from "sue them". Shouldn't there be a way to report it to the labor board or something?

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27 replies

kbin.social

https://www.dir.ca.gov/dlse/california_equal_pay_act.htm

This FAQ for the law in question has a link for complaints. It's an equal pay act violation.

  1. Where and when can a person file a claim if they were aggrieved by a violation of Labor Code Section 432.3?
    The person may file a complaint with the Labor Commissioner’s Office, the state agency charged with enforcement. A written complaint must be filed within one year after the date the person learned of the violation.

61

Problem is that the labor commissioner's office is so backed up, it's a coin toss whether they'll ever actually get to your case

14

I believe you can contact your states or local labor board office and report it.

51
lemmy.ml

Just lie about it like everyone else

31

It worked great for my last job. I was earning 45 k€ a year (before taxes, it's weird), and when they asked I told them I earned 65 k€ but wouldn't mind a lower salary since the job was good. We settled on 62 k€. It was the biggest raise I got so far.

23
SupraMarioreply
lemmy.world

Yeah who the fuck tells the truth with that shit. Literally lie about it or tell them current market rate is what you make.

10
lemm.ee

Go freeze your "work number" as well. Equifax will sell any records of your pay it to companies for $60/pop.

8

Equifax, one of the credit bureaus, will sell you income data to any company that pays. They call that service "the work number.' This means that in a salary negotiation where you want 100k, and they want to pay 60k, they can see your current salary is 40k. If they have that info, they are going to low ball you. If they dont have that info, they might pay the 100k, or 80k, etc. They sure arent going to tell you how much they are willing to pay, so why give them anyway to get that information about how much you will take?

Equifax are evil fucks, so of course you cant opt out entirely, but you you can go to equifax and demand they freeze this info so that no company can buy it. Its a pain, but here is a method:

https://news.ycombinator.com/item?id=27705428

5
kbin.social

You can always answer “I’m looking for $ x amount for my next role. “ if they push just repeat that.

23
reddthat.com

The best advise I've heard for handling illegal questions is to first say "I'd prefer not to answer that question, I'm perfectly capable of performing the duties expected of this role" or in this case of course end with "my preferred salary range is $x" then if they keep pushing to say "I don't believe that is a question you can legally ask me" its tactful, avoids answering an illegal question and doesn't come across as know-it-ally while still informing the probably undertrained interviewer

14

"Oh, I'm not a sapiosexual myself, but I am a know-it-ally."

9
lemmy.world

Context? If it’s a recruiter they are just trying to get info, pretty common question to ask so they can range pay or even see if you’re in their range. Don’t get too hot and so offended off the bat, they’re doing they’re job trying to fill a role.

-70

If you read the California bill, a third party recruiter is also not able to ask this. Just ask the salary range you are looking for and stop doing illegal shit

To everyone telling me to lie: No I told them my range and that's all they're getting. Other people will not know this is bad though and fuck over their future salary for years to come. Sorry I care about other people besides myself 🤷‍♀️

I already know better than to give my current salary.

70

If it is illegal then it is not part of any legally held job in California. Since doing illegal things is illegal. I am not a lawyer.

20

Context was provided. They live in California where it's illegal to ask this question. Yes, even for recruiters.

19
Narrrzreply
kbin.social

I'm assuming this was at a job interview.

8
bestnerdreply
lemmy.world

Sure but to go right to reporting without context besides “I was asked my salary”. Has this person never been in a job interview or recruited? Just lie about what you make

-43

I have 10 years of experience and I am constantly interviewing in case something better comes along. Somehow other recruiters manage to not break the law just fine.

I am a woman in tech and women can get fucked over by not negotiating or being underpaid for one job, and then that follows them for the rest of their career. Which exactly why this law was passed and should be enforced.

59

You're missing the point. It is illegal to ask that in California. It was made illegal because it's so common and problematic for the interviewee.

46
gamermanhreply
lemmy.world

"what's the problem with an employer breaking the law, guys?"

9

"if your employer says your non-salaried job doesn't pay overtime, then questioning them will just get you fired and you'll be out of a job. Be thankful your capitalist overlord gives you anything!"

5

You reached the end