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
NAL but I don’t think this is illegal, though it is a pretty large red flag that you’re going to get lowballed.
Oh it’s quite legal but a massive red flag. I would never apply there.
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.
IANAL, but employment law is generally “it’s allowed unless explicitly forbidden”.
There is no right to be hired so they’re allowed to include any limitations on who they might hire except for those that are illegal. For instance they can say “we refuse to hire people who live in Illinois” but they can’t say “we refuse to hire Muslims.”It’s not laws that prevent disclosure. It’s laws that require it
states that do not currently mandate salary disclosure in job postings
other states with active pay transparency laws will not be considered at this time
The way they’ve phrased it makes it sound like they think they’re sticking it to liberal states or something.
The regulation require pay disclosure which is why they refuse to hire anyone from those locations.
I don’t see why they don’t post a salary range I’ve seen companies get past these laws simply by posting a huge range effectively making the transparency meaningless.
The phrasing makes it sound like there’s a regulation preventing disclosure so they can’t post in states where a law says otherwise.
Yeah, they’re intentionally being bring misleading about it. The regulation is that those states require disclosure, and they don’t want to comply
That is code for we will pay as little as possible to give execs more bonus for keeping employee costs down .
Unlikely that it’s actually any regulatory requirement, but I don’t see anything illegal about it either (though I’m not based in the US, so I don’t really know).
