Lots of employers seeking advice on how to comply with pay equity laws suggests that the laws are working, said Jacklin Rad, a lawyer who advises employers on California workplace laws at Jackson Lewis, a New York City-based law firm.
“I can see employers trying to argue differently, but I think ultimately, if it’s a California-based company, it doesn’t matter where the worker is, physically, if their work is remotely being performed to the benefit of a company in California,” said Mariko Yoshihara, Legislative Counsel and Policy Director for California Employment Lawyers Association, which co-sponsored the law.
“It needs to be something that’s defensible,” said Hoffman, with the chamber, about how the organization is advising businesses with questions about pay scales. If a company is hiring a technician, for example, and is really looking to hire entry-level technicians rather than highly experienced ones, that would inform the range, she said.
The part of the law that requires pay ranges in job postings and allows employees to ask for their current pay scale is enforced by the Labor Commissioner’s Office, which is within the Department of Industrial Relations. The Commissioner has begun accepting complaints for violations of the law and it “recently sent a letter to employers regarding the new law, and will soon launch a social media campaign about the law,” Laverde wrote..
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