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Comment by dataflow

3 years ago

How does this work in California given that employers cannot ask for a candidate's salary even through an agent? Does this not qualify?

Effective January 1, 2018, Labor Code section 432.3 prohibits an employer from, either orally or in writing, personally or through an agent, asking any information concerning an applicant’s salary history information, which includes compensation as well as benefits. [1]

[1] https://www.dir.ca.gov/dlse/california_equal_pay_act.htm

13 comments

dataflow

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BeefySwain  3 years ago

It appears to be even more restrictive then that: https://leginfo.legislature.ca.gov/faces/codes_displaySectio...

> An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.

That being said, how do you enforce a provision like that in the face of every company having all information on every candidate, seeing that mind reading hasn't been invented yet.

  • rdtwo  3 years ago

    Won’t eqifax tell you if someone requests the data therefore you can tell if the law is violated

    • chrisjc  3 years ago

      I believe the point Beefy is making is that once they have your information, how can you prove that it was used in determining whether someone gets hired or how much their salary will be.

      2 replies →

  • dataflow  3 years ago

    Oh, interesting, thanks! And now I wonder if this includes compensation besides salary.

    • bradlys  3 years ago

      If you get RSUs - it does. It shows up in my payroll quite clearly as an obvious bump when I vest. You can even tell when I'm deferring for 401k.

      It's absolutely fucked. I'm guessing this is an integration with ADP - who my current employer uses.

      1 reply →

toomuchtodo  3 years ago

It appears you might be able to have this information deleted if you’re a California resident and the CCPA protects your data rights:

https://myprivacy.equifax.com/personal-info

I’m not a California resident. Can someone who is try and report back? Sounds like a follow up blog post/instructional tutorial is needed if it works, and calls to state and local reps that this should be opt in.