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|The “Salary History Ban” Laws
– Be Aware!
Senior Technical Recruiter,
BASI Solutions, LLC
(Building Automation and Smart Industry)
As I speak with
hiring managers at various controls contractors and mechanical firms, I
am finding many aren’t aware of the “salary history ban” laws being
enacted in cities and states across the nation and gaining
momentum. Therefore, we are interrupting our 4-part series on “Hiring Elite Controls Talent Like the ‘Big Boys’”
and bringing this critical issue to the forefront.
Please note – this is not legal advice. Consult your HR team and legal counsel for specific advice.
The “salary history ban” laws are, in essence, this – it’s off-limits to ask a question about a candidate’s current or prior compensation during a conversation, interview, or on a job application. Furthermore, an employer cannot rely on prior compensation history in deciding whether to make a job offer or to set the compensation the candidate will make in the job.
there is normally a pay range for a position, job offers have
historically been based on two factors: First, “How well does the
candidate interview?” And second, the candidate’s past pay. Lower wages
at past jobs generally affects the candidate’s pay for future jobs
which often leads to a lifetime of lower earnings. This is especially
true for women and minorities.
“salary history ban” laws are an attempt to remedy this. Whether or
not one is in agreement with these laws, it is our duty to comply.
Some “dos and don’ts.”
are some areas to be aware of (for specifics, consult your labor
The silver lining
I have found is this – the “salary history ban” is actually making
closing the deal easier for everyone, i.e., the making of a fair offer
that is accepted.
stating up front what the pay range for the job is and allowing
candidates to continue in the hiring process (or not) based on that information,
there are no “surprises” at the end. The candidate isn’t going to think
they can “get more” and the hiring company isn’t going to be thinking,
“we can get this candidate cheaper than we thought.”
has removed a lot of the back-and-forth in “negotiating an offer”
and has removed a lot of the angst, often negative, that can be felt.
Hiring companies can potentially feel they have overpaid for a
candidate and, in parallel, candidates can feel they have been
underpaid. Either or both of these situations casts a shadow over trust
on day 1 and ultimately leads to diminished outcomes for
everyone. The “salary history ban” eliminates these negative
feelings and that’s a good thing!
Technology + Talent = Transformation. If you have the need to recruit, hire, train, and retain top talent or are looking to advance your own career in BAS, shoot us an email or give us a call and we’ll have a no-obligation exploratory conversation. [skip.freeman@theBASrecruiter.com | 678-480-4086]
About the Author
As a mechanical engineer and former U.S. Army officer, Skip is now a highly caffeinated slightly irreverent technical recruiter who’s passionate about helping companies in BAS, controls and Smart Industry recruit, hire, train, and retain top talent and helping top talent advance their careers. Skip can be reached at skip.freeman@theBASrecruiter.com
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