[HN Gopher] Pay transparency: which states have laws and do they...
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       Pay transparency: which states have laws and do they work?
        
       Author : mikecarlton
       Score  : 43 points
       Date   : 2021-11-22 17:39 UTC (5 hours ago)
        
 (HTM) web link (money.com)
 (TXT) w3m dump (money.com)
        
       | luxuryballs wrote:
       | For our entirely remote company it has only been a hassle, I'm
       | sure many places will just skip Colorado entirely. These kind of
       | stupid laws always backfire in such a way. Like not interviewing
       | black candidates for fear of a lawsuit if they don't get an
       | offer.
        
         | NotSammyHagar wrote:
         | I think pay transparency is a good thing. Companies should say
         | pay rates. Other than irritating companies because they can't
         | hide their pay rates, what is the problem with the colorado law
         | in your opinion?
        
           | sokoloff wrote:
           | For one, the law is ambiguous and seems to be written to
           | cover the case that people are paid mostly hourly or in
           | salary and requires numeric figures there but permits
           | "general description" of bonuses, RSUs, and the like. If a
           | company genuinely seeks to comply but their "general
           | description" is later found to not be specific enough, are
           | they on the hook for damages (or even defending against a
           | frivolous lawsuit)? That one seems fixable by the CO
           | legislature.
           | 
           | Two, whichever state pioneers here risks making it just
           | risky, uncertain or a pain in the ass enough for companies to
           | nope out of hiring in CO. This one isn't easily fixable
           | except by a many-state compact, but being first will hurt
           | some of your state's residents.
           | 
           | Three, what range would I post for lead singer of rock band?
           | My high school buddies (also decidedly Not Sammy Hagar) play
           | dive bars for $100, unlimited wings, and three buckets of
           | beer, while Is Sammy Hagar commands significantly more. If I
           | can post a range that's wide enough to cover my expected
           | range, which reflects the expected range of productivity of
           | programmers, does it really tell anyone anything that they
           | can't get quicker from levels.fyi than from scanning my job
           | listing? If the law changes to require me to post a tighter
           | range per position, then I need to manage multiple listings
           | and still nobody learns much of anything they don't already
           | know. (Assuming you think there's at least a 2x spread from
           | the least effective but employable SWE and the top SWE. I
           | think it's well over 5x, but surely at least 3x.)
        
       | manuelabeledo wrote:
       | Such a shame, but expected, that Texas does not have any such
       | law.
       | 
       | I work for a big corporation in Texas, and have found myself
       | trying to determine what will my next steps be. Employees have a
       | tool to browse the job openings, and the responsibilities of the
       | positions, but again, salaries are given in ranges, so wide
       | indeed, there is no real answer to the question "would my wages
       | be raised if I switch jobs inside the company", which is
       | ridiculous.
       | 
       | I could also find myself making less money than someone who
       | technically is on a lower leven in the hierarchy, even if we both
       | are doing the same job.
       | 
       | So every year, when my supervisor asks me where do I want my
       | career to go to, I'm stuck between what I want to do, and how
       | much more I want to earn, which is not great.
        
         | BitwiseFool wrote:
         | I find myself cross-referencing salary information on
         | Glassdoor. I'm thankful people share this info on Glassdoor but
         | it does seem like an imperfect kludge for simply demanding an
         | answer from HR that they just refuse to give.
        
           | wikibob wrote:
           | Glassdoor is utterly useless for tech industry jobs.
           | 
           | The data is many years out of date and drastically under
           | market.
           | 
           | Check levels.fyi and teamblind.com instead.
        
             | BitwiseFool wrote:
             | I wasn't aware of this, thank you.
        
               | nitrogen wrote:
               | The Robert Half recruiting agency's salary guide can also
               | be useful when making the case for a raise or CoL
               | adjustment, especially if you're in a market that
               | levels.fyi doesn't have data for.
        
         | dhd415 wrote:
         | Frankly, you should just ask your manager what the comp change,
         | if any, would be if you switched roles. This is a normal
         | question in all but the most dysfunctional companies.
        
           | manuelabeledo wrote:
           | In many big corps, managers, or more accurately, middle
           | managers, do not completely understand how level
           | compensations work. At the end of the day, they manage
           | people, but they have little control over wages, which are
           | determined by other managers and non human factors.
           | 
           | I'm guessing it is done that way so there is little room for
           | favouritism and/or nepotism.
        
           | sokoloff wrote:
           | Agreed. As a manager, I'm acutely aware that you are working
           | here because we pay you. So am I. We can talk about non-
           | financial benefits and how we're making customers' lives
           | better, but at the end of the day, if I stop paying you,
           | you'll quickly stop working.
           | 
           | Why there's so much taboo/avoidance of talking about money I
           | have no idea, but if you need some information to contemplate
           | a career change in our company, I'll do my best to get it for
           | you.
        
       | psim1 wrote:
       | At this point when I receive a note from a recruiter, I let them
       | know I need to know the name of the firm (not "top firm in your
       | field"), the full job description, and the compensation range. If
       | they do not provide that, we are wasting each others' time and I
       | will not correspond further. I understand that third party
       | recruiters don't want to give away some information so that
       | applicants won't end-run and apply directly to the firm. But,
       | look at the job market. Games are not going to work right now.
        
         | larrik wrote:
         | Why do you need to know the firm name at that phase?
        
           | sokoloff wrote:
           | For me, in case it's Oracle. For others, they have other
           | companies they'd rather not work for. Some here don't want to
           | work at Amazon; others not at Facebook; others not at
           | Google...
           | 
           | It also ends the BS of recruiters who don't have any listings
           | at all and just want to have engineers they can blindly pitch
           | to companies, hoping they can score a low-effort placement.
        
             | rshsdgsdgdsgdsg wrote:
             | What is wrong with Oracle? I have worked here for almost 20
             | years and love it.
        
               | sokoloff wrote:
               | Everyone has their preferences.
               | 
               | Ours differ and that's ok.
        
               | the_only_law wrote:
               | Probably ethical reasons.
               | 
               | I can't comment on how working internally in Oracle is,
               | but between many of its products and how they do
               | business, they tend not to be well liked in the tech
               | scene and people will voice their discontent. See also:
               | Facebook/Amazon and defense contractors.
        
               | francisofascii wrote:
               | Anecdotally, I have heard horror stories of people
               | running up huge sums of licensing fees without realizing
               | it, and they getting charged/sued later.
        
           | chucksta wrote:
           | So I can look into the company myself before I see if it's
           | worth wasting either persons time
        
         | arxanas wrote:
         | Recruiter emails are so generic that you can do this
         | automatically! https://blog.waleedkhan.name/detect-recruiter-
         | spam/
         | 
         | It's actually saved me a lot of time and led to several high-
         | quality conversations with recruiters since then, which I would
         | have missed out on otherwise.
        
       | [deleted]
        
       | willvarfar wrote:
       | How much people pay in income tax is public information in the
       | Nordics, meaning it's trivial to compare yourself to coworkers or
       | the names of people you interview with etc. Or neighbors, and so
       | on.
        
         | kelnos wrote:
         | That only works if these people only have one source of income,
         | though, right? If people hold more than one job, or have a
         | part-time side gig, or have investment income, that would
         | inflate their income tax paid, and you wouldn't know what
         | portion of that is paid against the salary for the primary job
         | that you're curious about.
        
           | willvarfar wrote:
           | Yes.
           | 
           | Which means it works for 99% of employees in tech and most
           | other sectors and the other 1% are easily spotted.
        
             | caskstrength wrote:
             | > Which means it works for 99% of employees in tech and
             | most other sectors and the other 1% are easily spotted.
             | 
             | Why? You don't give mere engineers RSUs in the Nordics?
        
       | zuhayeer wrote:
       | One of the reasons why listed salary ranges for a role may be
       | very wide initially is that interview performance can determine
       | your level and hence your compensation. So you really have to
       | wait until after you interview to know your true compensation
       | range. Many companies usually don't disclose level outright when
       | you are applying, it's usually a more general application you
       | fill out initially (you'll almost never see an "L5" job listing).
       | Once you know the specific level though, you can get much tighter
       | ranges (by looking at sites like Levels.fyi - disclosure: I'm a
       | founder). But even then, there are also out-of-band offers that
       | companies can give out if you're a really strong candidate or
       | have a valid enough reason (ie to buy out your unvested stocks
       | etc), so should this be reflected in the range too? Then the
       | range listed would become even wider and can misdirect people's
       | expectations since not many people would actually get to that
       | high end.
       | 
       | But then again even knowing that range is super helpful
       | regardless, and the Equal Pay Act has been instrumental in
       | helping candidates not get lowballed. And before that, employers
       | basically always asked what your current salary was, which is
       | still unfortunately almost a required question candidates have to
       | answer in other parts of the world. So all steps in the right
       | direction, but there is some level of nuance where job listings
       | as they are today are slightly divorced from the actual role /
       | level / team that you end up at.
       | 
       | We're working on building a job board specifically to help solve
       | this. We plan to have roles within specific levels of experience
       | and with much tighter ranges using the leveling standard we've
       | developed as a backbone: https://levels.fyi/standard/
       | 
       | We're also hiring! And we list our salary ranges here:
       | https://levelsfyi.notion.site/Levels-fyi-Careers-969edc750f1...
        
       | PragmaticPulp wrote:
       | Companies usually exclude Colorado from remote job listings so
       | they can post a separate Colorado-specific job posting that
       | complies with the laws in that state. It doesn't make sense to
       | post the Colorado-specific pay range and job posting to every
       | other state, especially when salaries vary so much between
       | locations.
       | 
       | In my (limited) experience hiring Colorado employees remotely, we
       | had to make several different job postings with various ranges to
       | make sure we didn't exclude any possible applicants for having
       | too high or too low salary bands. If someone applied for the
       | $200-$300K job description but didn't have the right experience
       | or performance during the interview, we could offer for them to
       | "reapply" to the $150K-$200K job title and pick up there. It felt
       | like a lot of formality with no real benefit to either side.
       | 
       | The Colorado law also doesn't stop at the job listing. You have
       | to follow specific procedures for various things after the
       | employee is hired, too. I could see companies excluding Colorado
       | just to simplify their operations and avoid opening themselves up
       | to another state's different employment laws.
        
         | dfxm12 wrote:
         | I'm glad CO passed this law, but this post really shows how
         | hostile employers are to job seekers and employees. It also
         | highlights why we really need federal action on this to provide
         | the intended benefits to them.
        
           | sokoloff wrote:
           | Which part(s) were showing hostility towards job seekers and
           | employees?
           | 
           | If an employer has a need for a level 3 software engineer
           | (whatever that is for them), should they post in Colorado the
           | salary range for that role in Colorado? Or the range for that
           | role in Elbonia on the low end and Palo Alto on the high end?
           | Would the latter pass muster with CO?
           | 
           | If someone aspirationally applies for that role and the
           | interview process places them as a promising level 2 software
           | engineer, what should the company's answer be? "We regret to
           | inform you that we will not be making a level 3 offer." Or is
           | the candidate better off if they then continue to say "we
           | invite you to apply for consideration for a level 2 role by
           | clicking this link: xxxx"?
        
         | mitchdoogle wrote:
         | Why not just make one post, say "salary range $150k-$300k,
         | dependent on location, experience, and interview performance"?
         | Seems like you're making multiple posts in an effort to have
         | your cake and eat it too, and then blaming the laws for the
         | extra effort required for the deliberate choice you made.
         | Which, let's be honest, is a very anti-employee choice.
        
         | mitchdoogle wrote:
         | Why would you have such a wide pay range of $150k-300k for a
         | single position? Seems like such a range enables the kind of
         | thing these laws are trying to prevent, i.e. underpaying
         | employees, or gender/racial gaps in pay. That, or just a
         | massive bait and switch.
         | 
         | Surely there has to be a limit on the ranges for salaries
         | posted, otherwise what's stopping an employer from just posting
         | a range of $10k - $1M, at which point the salary information
         | becomes as worthless as having no information.
        
           | sokoloff wrote:
           | Suppose I only have one level of employee and they're all in
           | CO.
           | 
           | To keep the math and my HR processes simple, I pay them all
           | $100K/yr and grant them all initially $200K in shares plus
           | $100K/yr in refresher shares, vesting over 4 years. Someone
           | who just joined will make $150K in the next 12 months.
           | Someone who joined 2 years ago will make $200K in the next 12
           | months if our stock is UNCH since they joined. If it doubled
           | since then, they'll make close to $300K in the next 12
           | months.
           | 
           | Bam, my range is $150K-$300K/yr and I have the fairest, most
           | equitable pay structure I could imagine. Layer on top of that
           | complexities of people actually having different levels of
           | productivity, different amounts of unvested stock
           | appreciation, and you can have even wider spreads. Add to
           | that having had to "buy out" someone's unvested shares or
           | bonus at another company to get them to switch to yours and
           | the spread gets wider.
        
             | the-pigeon wrote:
             | I thought the Colorado law was about base pay?
             | 
             | Personally I don't care about stocks on a job posting. I
             | consider stocks to be worth 0 when considering offers
             | unless it's a public company with all the information
             | available for me to evaluate the company.
             | 
             | This is because statistically the startup will fail. And
             | there's no way to make a fact based evaluation if it will
             | fail or not until after you are working for them. If you
             | are one of the initial hires it's basically blindly
             | gambling on the founders. The exception being if the
             | founders have previously founded successful startups, in
             | which case you are betting on their experience.
        
               | sokoloff wrote:
               | > I thought the Colorado law was about base pay?
               | 
               | That's not the way I read it:
               | 
               | Employers must include the following compensation and
               | benefits information in each posting:
               | 
               | (A) the hourly rate or salary compensation (or a range
               | thereof) that the employer is offering for the position;
               | 
               | (B) a general description of any bonuses, commissions, or
               | other forms of compensation that are being offered for
               | the job; and
               | 
               | (C) a general description of all employment benefits the
               | employer is offering for the position, including health
               | care benefits, retirement benefits, any benefits
               | permitting paid days off (including sick leave, parental
               | leave, and paid time off or vacation benefits), and any
               | other benefits that must be reported for federal tax
               | purposes, but not benefits in the form of minor perks.
               | 
               | RSUs are benefits that must be reported for federal tax
               | purposes.
        
               | nitrogen wrote:
               | B and C say "general description", while A says "rate" or
               | "compensation"; has the exact meaning of those been
               | figured out yet, w.r.t. what goes in the number and what
               | goes in the text?
        
           | PragmaticPulp wrote:
           | > Why would you have such a wide pay range of $150k-300k for
           | a single position?
           | 
           | Because we're hiring good candidates at various experience
           | ranges.
           | 
           | If someone shows up with the most impressive resume and
           | portfolio I've ever seen, I don't want to lose them simply
           | because our job description doesn't have a salary high enough
           | to convince them to join.
           | 
           | Likewise, if a college grad shows up with a potentially
           | impressive but short resume then we might want to take a
           | chance on them, but not if we're forced to pay them senior
           | engineer money because that's what we put in the ad. If I
           | have to pay senior engineer money, I'm going to wait until a
           | senior engineer applies.
        
             | pydry wrote:
             | I'm struggling to see how you could write a job ad that
             | both a college grad and a 15+ years' experienced lead would
             | both apply to. It would have to be ludicrously vague.
        
               | gopher_space wrote:
               | I won't even know what I'm actually applying for until
               | the "five minutes at the end" sometimes. The whole
               | process is broken.
        
               | sokoloff wrote:
               | Were you kidnapped or otherwise taken to an interview
               | against your will?
               | 
               | Otherwise, if you allow that situation to happen, well,
               | you allowed it to happen.
        
           | notreallyserio wrote:
           | Further, why is pay tied to location anyway? Just because I
           | chose to live in a cheaper region doesn't mean I can't
           | produce the same value to the organization as someone in,
           | say, SF. Are we to believe that employers are paying more in
           | HCOL areas out of the goodness of their hearts?
        
             | bennysomething wrote:
             | The company is paying you the market rate, i.e as little as
             | they can get away with, not how much value you create. Your
             | location is one of the variables in calculating your market
             | rate. Who knows , with remote work this may disappear, but
             | I doubt it's what workers in the USA would want. I live in
             | the UK, salaries in the USA are way higher. Then look at
             | India.
             | 
             | My feeling is when people say location shouldn't matter
             | then mean as long as the location is in their country.
        
               | musicale wrote:
               | > The company is paying you the market rate, i.e as
               | little as they can get away with, not how much value you
               | create
               | 
               | "As little as they can get away with, not how much value
               | you create" sounds like a recipe for exploitation and
               | dissatisfied employees. Which I suppose is exactly what
               | we have.
               | 
               | It would also seem to create a strange incentive for
               | people to move to places where the cost of living is
               | higher.
        
               | sokoloff wrote:
               | People have been moving to the Bay Area chasing higher
               | tech job pay since at least the late 90s. This doesn't
               | seem like anything new; companies have to pay you enough
               | that you take a deal that's better for you. You have to
               | take low enough that the company still thinks it turns a
               | profit by employing you.
        
               | kelnos wrote:
               | With remote work becoming more common, I'd expect to see
               | companies that embrace it refuse to hire remote-only
               | workers who live in HCoL areas, or at least cap the
               | number they're willing to hire.
        
               | notreallyserio wrote:
               | By all means, if my employer can find someone in another
               | country that they think can do as well as I do for less
               | money, they ought to hire them. It would be foolish and
               | (frankly) shitty to feel otherwise, especially for folks
               | like me that are in the US purely by luck of birth.
               | 
               | If they're from a real poor country, maybe this practice
               | will help their economy (not that that's a reason to do
               | it necessarily).
        
           | jstanley wrote:
           | It's probably not a single position. They're probably just
           | after developers generally and can fit them in at any
           | experience level.
        
         | throwvirtever wrote:
         | > It felt like a lot of formality with no real benefit to
         | either side.
         | 
         | Isn't the intent to benefit third parties though? I thought the
         | point of pay transparency is to provide information to people
         | who don't have the connections to know what the "real deal"
         | generally is, so they can negotiate on an equal footing as
         | other applicants when they have the opportunity.
        
       | tlofreso wrote:
       | I was excited about Colorado's law, though for the most part
       | there's very little value. Companies either exclude candidates
       | from that state [1], or provide cop-out salary range information
       | of $x - $3x/yr [2]
       | 
       | 1: https://twitter.com/digitalocean/status/1395818629657149445.
       | 
       | 2:
       | https://www.pwc.com/us/en/careers/coloradoifsseniormanager.h...
        
       | joshuamorton wrote:
       | I'll repost an old comment of mine on the colorado law:
       | 
       | https://news.ycombinator.com/item?id=28875365
       | 
       | Summarizing here: Google listed salaries from 125,000 to 250,000
       | (excluding one presumably mistaken entry), for roles from L4 (L3
       | is new grad, L5 is Senior) - L8+ ("Director"). These don't
       | include bonuses or equity. Bay area salaries would be something
       | like 10-20% higher.
       | 
       | Facebook listed salaries from $111,000 (E3, new grad) to 239,000
       | (Director, E8?). Similar caveats to Google.
       | 
       | Microsoft listed $115,700 - $224,500 across a number of roles,
       | again salaries higher in the bay.
       | 
       | Amazon, surprising no one, listed a range from 122,000 - 160K
       | (their cap on salaries outside of the bay, where I think the cap
       | is 175K).
       | 
       | Lyft and Uber didn't list roles. Stripe, Netflix and Dropbox
       | listed remote roles but without salaries, probably violating the
       | law. Salesforce had really low ranges. Oracle wanted me to email
       | them, which I think also violates the law, but also I didn't want
       | to do that.
       | 
       | As far as I know, the Colorado law has been interpreted (or at
       | least theirs claimed intent by the Co legislature?) that you
       | can't refuse to offer a remote job to Co employees to get around
       | the law, although this only matters if you _already_ have Co
       | employees, in which case other provisions of the law also apply,
       | so it 's tricky.
        
         | gotoeleven wrote:
         | Maybe Colorado should just outlaw unintended consequences.
        
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