So I saw this little gem on a job posting. I’m curious, 1) is this legal based on how it’s phrased and 2) what regulation would prevent pay disclosure like this?
However, due to regulatory requirements, we are only able to consider candidates who reside in U.S. states that do not currently mandate salary disclosure in job postings
This includes, but is not limited to: Texas, Florida, Missouri, Arizona, Indiana, North Carolina, and Wisconsin.
Candidates residing in California, Colorado, New York Illinois, Washington, or other states with active pay transparency laws will not be considered at this time
Some states have required that job postings must include a pay range for the job in question, so since the company won’t post the range, they refuse to hire in those states.
Not a lawyer, but this sounds shady as hell. Also probably not illegal, since they are specifically avoiding the places where it IS illegal.
There are all sorts of (backwards, ignorant) reasons why they may not want to disclose the pay rate, but it immediately puts me into the worst assumption that it’s some sort of bait and switch scam. They can “unofficially” tell you what some people make, or what the mean earnings are (inflated due to a few high earners), to get you in the door, but most people won’t touch that. Like MLM job where you’re responsible for getting your own business. Or where you get a minimum wage base salary and a few people get huge commissions, but most barely scrape by.