Be Transparent and Provide Salary Ranges Posted on February 15, 2023 (June 1, 2023) by Alex Morgan The pay range for workers is an important factor in ensuring that everyone is fairly compensated for the work they do. Employers are obligated to provide salary rate information to any employee who requests it and should not delay or deny the request. Workers have the right to know the salary rate for their current job, and employers must be transparent and provide this information promptly. This blog post will discuss employers’ legal requirements when providing employees with their pay range and salary rate information. What the Law Requires SB-1162 in California requires employers to provide a salary range for each employee. When an employee requests their pay range, the employer must be transparent and provide the rate they are currently being paid. Employers are not allowed to withhold this information from the employee. Employers must also ensure that all employees are given the same salary rate for their current job. If an employer fails to provide an accurate pay range to an employee, they may face legal repercussions. Employees should always be aware of the current salary range and speak up if it is not in line with what was initially agreed upon. If an employee feels they are not receiving the pay range data upon request, they can file a wage complaint with the State’s Department of Labor’s Wage and Hour Division. Employees should remember that there can be changes in the pay range over time due to changes in laws, inflation, cost of living, and other factors. Therefore, it is important to stay up-to-date on any changes in the pay range to know if you need to request an increase in your salary rate. Additionally, employers should review pay ranges regularly to ensure that salaries are aligned with market rates and consistent across the board. By staying up-to-date with pay ranges, employers and employees can have peace of mind knowing everyone is getting paid fairly and accurately. What If an Employer Refuses to Give a Salary Rate? If an employer refuses to provide their employee with the salary rate for their current job, they violate the law. Employers must give workers the salary range for their current job when asked. Employees have the right to know their pay range to ensure they are fairly compensated. If an employer refuses to provide this information, the employee can take legal action against them. This could include filing a complaint with the Equal Employment Opportunity Commission or taking the employer to court. Employers should always provide their employees with a salary range for their current job if asked. Pay ranges vary from industry to industry and from company to company, so employees need to be aware of the specific pay range that applies to their job. Knowing your pay range gives you more leverage to negotiate better pay and benefits down the line. It also ensures you’re not underpaid and helps you keep track of market-based changes over time. Pay ranges are also important tools for budgeting and determining how much money you need to live comfortably. Knowing your pay range will help you plan financially and ensure you are not stuck living paycheck to paycheck. What If an Employer Asks an Employee Not to Discuss Their Salary? Employers are not allowed to tell employees not to discuss their pay range or salary. This is a violation of the law, and employers may be held accountable for doing so. Employees have the right to discuss their pay with their coworkers if they choose to do so. It is illegal for an employer to ask employees not to discuss their pay or salary range. Suppose employees feel their employer attempts to prevent them from discussing their pay scale or salary rate. In that case, they should document any conversations or written communications that occur, as well as any attempts by the employer to silence them. They should then file a complaint with the relevant labor organization, such as the National Labor Relations Board (NLRB). The NLRB may investigate and take action if it finds the employer has violated the law. What If an Employer Gives Different Salary Ranges to Different Employees? It is illegal for an employer to give different salary ranges to different employees based on race, gender, age, disability, sexual orientation, or any other protected class. Suppose an employee believes their salary rate has been lower than a colleague in the same position because of a protected characteristic. In that case, they can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and take appropriate action if necessary. Employers must be transparent and always offer equal pay for equal work regardless of an individual’s background. When setting the salary rate for a particular job, employers should be consistent in the pay range offered to all employees. All individuals performing the same duties should be given the same salary rate, regardless of their gender, race, or any other protected class. Employers must not discriminate against any employee when determining their salary rate and should use objective criteria to determine the pay range for each position. Conclusion It is the responsibility of employers to be transparent and provide employees with their pay range upon request. Ensuring that workers know their current salary rate can help protect them from potential wage theft and other forms of unfair compensation. Employers should also be sure to avoid giving different salary ranges to different employees, as this can lead to unequal pay and create an environment of inequity. Ultimately, providing honest and accurate information regarding the pay range of an employee’s job helps ensure a healthy working relationship between employers and their staff. About the Author: Alex Morgan As a Senior Compensation Consultant for MorganHR, Inc. and an expert in the field since 2013, Alex Morgan excels in providing clients with top-notch performance management and compensation consultation. Alex specializes in delivering tailored solutions to clients in the areas of market and pay analyses, job evaluations, organizational design, HR technology, and more.