July 18, 2023

What Effects Are Salary Transparency Laws Having?

While still not a federal law, many states and localities have enacted laws aimed at providing greater salary transparency for job seekers as well as researchers and policy makers concerned about issues like wage gaps by gender or race. New York State passed its own pay transparency law in 2022, and now that the law is in effect, researchers are starting to get a better picture of whether and how much it helps job hunters.

For one thing, it gives new entrants into the workforce a much better idea of what they are facing, and can aid them in negotiating salary. According to the National Women’s Law Center more than 25% of the country is now aided by new laws and the number of new job listings that include salaries is up. 

However, employers and HR departments are choosing to advertise salary bands, a possible range of pay, that are often too broad to be of any use to a potential job seeker. According to a New York Times story, Netflix, for example, advertised a senior manager job with a pay band of $195k-$510k; hardly much use to applicants. As the Times reports, this trend seems to be expanding among high pay industries including tech, pharmaceuticals, and scientific R&D.

One issue is that states and localities have little in the way of concrete plans on how to enforce their pay transparency laws, allowing companies to muddy the waters for job seekers. In New York City, the Human Rights Commission has received hundreds of complaints about noncompliance, but has not disclosed whether any action has been taken. These transparency laws are gaining in popularity as conflict between employers and workers heats up, with a labor market that is still hot.

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The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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