“How a lot did you make at your final job?” Till lately, it was pretty commonplace follow to ask job candidates about wage historical past in interviews or on job purposes.

However not anymore. Now, it’s turning into more and more off limits.

An increasing number of states are adopting legal guidelines that prohibit asking job candidates about their wage historical past. The legal guidelines are a part of a latest effort to struggle gender discrimination and slim the pay hole between women and men.

The wage historical past query has been banned in entire or half, or will likely be banned sooner or later, in California, Delaware, Massachusetts, New Orleans, New York Metropolis, Oregon, Philadelphia, Pittsburgh and Puerto Rico. It’s vital to notice that the ban could solely apply to public employers or authorities contractors in some places.

And extra cities and states will doubtless comply with.

The transfer away from asking wage questions is seen as optimistic for job seekers, who’re now not chained to what they made up to now.

Nonetheless, these new restrictions pose some challenges for the people or groups accountable for an organization’s hiring course of, particularly these recruiting and interviewing candidates. As a enterprise chief, how are you going to decide truthful pay that displays a candidate’s expertise and {qualifications} in an period when you’ll be able to’t legally ask about their previous wage?

These savvy steps might help you craft aggressive wage presents acceptable for every candidate’s talent degree, whereas staying on the fitting aspect of pay fairness legal guidelines

1. Search for wage historical past clues of their résumé.

Since you gained’t have wage historical past to go by, you’ll need to dig deeper into your candidates’ background for data. While you evaluate their résumés and LinkedIn profiles to see what positions the candidates held final, what number of years of expertise they’ve and previous tasks, take time to learn between the strains.

Job titles alone don’t at all times inform the entire story. For instance, a director of gross sales at a small firm would possibly deal with quite a lot of tasks however handle no subordinates. So, the wage vary that matches his or her expertise could also be extra in keeping with what you pay a supervisor at your organization.

2. Conduct market analysis to gauge wage historical past.

When you’ve carried out your due diligence in your job candidate’s background, you should utilize a job search web site to test the common wage vary for that job title in your job market.

Take into account that these web sites usually depend on self-reported wage information, and folks usually overinflate their salaries. In consequence, the wage ranges given could also be a bit increased than what they really are.

And don’t neglect your heat market. You may also faucet into your community of household, pals and colleagues for extra details about the common wage vary for the place you’re attempting to fill. Thorough market analysis takes into consideration many alternative sources, together with these you understand first-hand.

3. Set your wage vary.

What are you ready to pay the job candidate? Whereas it’s frequent follow to set wage ranges in accordance with commonplace job descriptions, some enterprise leaders nonetheless choose to strategy the wage dialog with no clear determine in thoughts and see the place negotiations take them.

That’s a mistake and might result in pay fairness claims.

In the event you don’t have at the very least a spread in thoughts, you will have a clumsy wage dialog forward of you. You should know the place you stand. You additionally want to have the ability to present you’re paying candidates equally for the place, with any variations primarily based on respectable non-discriminatory causes – for instance, expertise.

Use the data you realized out of your market analysis to get a way of the truthful market worth for the place and set a wage vary that’s aggressive and is sensible in your firm’s price range.

4. Tweak your wage query.

As an alternative of inquiring about what they made at their final job, ask, “What are your wage expectations for this place?”

While you make this one easy tweak to the wage query, you keep out of bother and, typically, you get cheap wage requests from job candidates.

For instance, job candidates making $40,000 a yr are most likely not going to ask for $150,000. Individuals altering jobs usually ask for a 10-20 p.c elevate on prime of their earlier wage.

What occurs if job candidates volunteer their wage historical past?

Cease them, allow them to know you aren’t looking for wage historical past data, and ensure to doc in your notes that they self-disclosed their wage. Don’t mirror their wage quantity in any notes.

Additionally, don’t ask for wage historical past on a job utility. And whenever you test W-2s to confirm employment (solely after extending a suggestion, and with the candidate’s permission), ask their former employer to take away wage data.

5. Make an in depth provide.

After getting all the data you want, have an in-depth dialogue with the job candidate in regards to the compensation you’ll be able to provide, together with advantages and perks, and precisely what the position requires. This can prevent time in removing candidates who really feel the provide doesn’t match their expectations.

Principally, “That is what we pay. Is it going to give you the results you want?”

If not, they’ll transfer on. Or, in case you have some wiggle room, you’ll be able to come again with a determine that’s nearer to what the candidate had in thoughts however will give you the results you want each.

Managing the transition

Even when you don’t do enterprise in a state or metropolis that has enacted pay fairness legal guidelines, they’re doubtless headed your approach within the close to future. And also you wish to be in place to defend any pay fairness declare below each the Equal Pay Act and Title VII.

So, it’s a good suggestion to cease asking job candidates questions on wage historical past now. Get within the behavior earlier than your state employment company begins in search of corporations that aren’t following the legal guidelines.

To guard your organization from slip-ups:

  • Change your job purposes and interview guides to take away wage historical past questions.
  • Practice group members in regards to the new legal guidelines and easy methods to keep in compliance. This contains human sources, recruiters, administration and anybody else who interviews job candidates.
  • Think about hiring a recruiting skilled to handle the method from begin to end, and allow you to keep in compliance with new legal guidelines and rules.

Wage historical past bans are only one instance of ever-changing employment legal guidelines. Study extra about what you are able to do to keep away from a few of the most typical HR pitfalls by downloading our free e-book, 7 most frequent HR errors and easy methods to keep away from them.