Oct 5 2022
Pay Transparency Requirements in WA and CA

Resources to Comply with California and Washington Pay Transparency Requirements

Starting January 1st, 2023, CA and WA employers must comply with a series of measures designed to address pay comparability in the workplace. Blue Whale has prepared the following articles and guidelines to help employers better understand their obligations. For additional support, contact us today for a free, 30-minute consultation.

ACCESS: Blue Whale’s Guide for CA Employers

Our 2022 guide contains tips, regulations, and the latest information on Pay Transparency and the Fair Pay Act.

Covered Topics:

  • Fair Pay Act – Background
  • Proving Unfair Pay; Justification for Pay Gap Differences
  • Pay Transparency For Pay Equity Act, Senate Bill 1162
  • Posting Requirements
  • Data Reporting
  • Employer Resources
  • and more . . .

ACCESS: Washington Guide for Employers

Guide on the latest information on Pay Transparency Job Posting Requirements, WA

Covered Topics:

  • Employee Job Applicant Rights
  • Equal Pay, Definition and Guidelines
  • Career Advancement Opportunities
  • Open Wage Discussions
  • Pay Transparency Requirements
  • Employer Resources
  • and more . . .
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CA Pay Transparency 2023 Legislation: The First 30 Days

After reviewing the first 30 days since 2023 pay transparency laws have gone into effect for California, Washington, and Rhode Island, we have put together an article to provide an overview of requirements for new pay transparency legislation and key findings for how companies have been interpreting and adapting to this legislation in the new year.

Article Access: “The First 30 Days”

CA Transparency Requirements – Senate Bill 1162

Beginning on January 1st, 2023, if your organization has 15 or more employees, you must include the salary range within your job postings and provide the pay scale to your current employees upon request. In addition, your organization must record your employees’ job titles and wage history during employment and for three years post-termination.

Beginning on May 10th, 2023, if your organization has 100 or more employees, you will be required to report to the Civil Rights Department annually the median and mean hourly rate for each of your organization’s job categories broken down by race, ethnicity, and sex. 

Penalties

Your organization must comply with California’s Pay Transparency Requirements or risk civil penalties of up to $10,000 per violation. *No penalty will apply for a first violation of the job posting requirement if your organization can show that all job postings for open positions have been updated to include the pay scale.

Your organization will face up to a $100 fine per employee if your organization fails to file the required reports. For subsequent failures, your organization may face a civil penalty of up to $200 per employee.

Reporting Requirements, California

Blue Whale Compensation can help your organization update its compensation structure and policy to manage compliance obligations.  In addition, we can help organizations with SB 1162’s reporting requirements.

Contact us today to schedule a free, 30-minute consultation.

Need a plan that satisfies Pay Transparency Requirements? Check Blue Whale’s Integrated Comp

Blue Whale’s Integrated Comp Plan includes the tools to best manage pay equity and compliance obligations under SB 1162 and SB 358, and Washinton’s new pay transparency requirements. It includes training, policy manuals, and implementation support. We recommend this to who are subject to Fair Pay and Transparency Requirements and to companies who wish to embrace their social responsibility towards equitable pay.

Want to learn more about our services? Let’s start the conversation

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May 16 2022
Pay Transparency Trends (Legal and Social)

New Rules on How Employers Manage Their Compensation Program

As employees begin questioning their pay, while pay transparency continues to grow in popularity, employers are scrambling to defend their pay practices.

Salary information is becoming more available formally, through legislation, and informally, through social media posts. Employees now have the valuable information to leverage conversations with their managers and challenge current compensation. 

States are beginning to require the publication of salary ranges for all classifications. Some examples of the trends in the legislation include:

  • CA Equal Pay Act – Employers cannot ask about the previous salary and must disclose pay ranges if asked during an interview
  • CO Equal Pay for Equal Work – Employers must include salary ranges and benefits information in every job posting as well as disclose promotion opportunities and keep track of job descriptions
  • NY – Employers must post maximums and minimums on all job postings or promotions by November 2022 (extended from May 15th) 

More casually, there is a societal shift to make salary information less taboo. Coworkers are no longer ashamed of sharing how much they make in the company. A poll conducted in 2022 by YouGov Plc found that of their sample of 2,500 adults, 42% of Gen Z workers, ages 18-25, and 40% of millennial employees, ages 26-41, have shared their salary information with a coworker or other professional contact.

Many companies are not prepared to discuss the warrants for current salary ranges and are left with unhappy employees who still have pay concerns. Payscale has reported that employees are 50% more likely to leave if they think they are being paid below market, even if they aren’t. Some 57% of people paid at the standard market level believe they are underpaid, and 42% of those paid above the market think they are underpaid. This highlights the value of a compensation study where you can provide employees the ease of mind that they are being compensated based on their talent and skills in a competitive organization. 

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Apr 11 2022
Latest News in Pay Transparency and Minimum Wage Increases
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Pay Transparency and Minimum Wage Increases: Are You Prepare to Meet the New Challenges?

If You Post A Job, You Must Post A Salary Scale

Starting in May and following a national trend in other major U.S. cities, New York City’s employers will be required to post salary ranges in their job postings. The law exempts temporary staffing firms as they provide this information to potential candidates. The legislation, meant to help correct pay inequities and discrimination, will make it unlawful not to include in job listings the minimum and maximum salary offered for any job in New York City. The range for the listed maximum and minimum salary would extend from the lowest to the highest salary that the employer, in good faith, believes it would pay for the advertised job, promotion, or transfer. Other municipalities are likely to follow as the law is a more significant trend toward pay transparency.

View a List of Cities Requiring Posting Salary Ranges

Pay Equity Efforts in the Public Sector Suffers a Setback

In a setback to proponents of workforce progressive policies, a law requiring board quotas from publicly traded companies with HQs in CA was declared unconstitutional. The law, Assembly Bill 979, signed in 2020 by Gov. Gavin Newson, set forth to increase boards’ composition by requiring publicly traded companies to have board members from underrepresented communities, including people of several races and ethnic groups and people who identify as gay, lesbian, bisexual or transgender. Proponents of the law argued that adding underrepresented groups to the board would aid racial and justice equality in the workplace. However, Judicial Watch, a D.C. nonprofit conservative advocacy group, filed a lawsuit in 2020, arguing the law’s racial, ethnic, sexual preference and gender-based quotas violated the state’s constitution’s equal protection clause. In response, Los Angeles County Superior Court Judge Terry Green ruled that the law violated the state constitution.

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Gender Pay Equity – Trending in the Wrong Direction

An initial analysis of proxy compensation disclosure by Equilar, a firm specializing in data-driven solutions for business development, board recruiting, and executive compensation, suggests that gender pay gaps increased in 2021, and in doing so, the gains recorded in 2019 and 2020 have essentially disappeared. According to an initial review of proxy statements relative to 2021, the median pay for women CEOs in the Equilar 500 was $11.8 million, or 18% lower than the median $14.5 million awarded to men. The initial figures seem to follow a two-year compensation difference between men and women. In reviewing past proxy information by gender, data suggests that the average pay for women went from $12.2 million in 2019 to $11.8. The average compensation for men has moved from $12.2 to $14.5 million for the exact period. Even though public and private companies work to adopt pay equity policies, the conversation around gender equity will likely grow louder. Also, this may activate boards and regulatory agencies for measures to minimize the gains achieved in the last few years.

Minimum Wage To Increase, Again, In Parts of Los Angles County

In time for most companies’ budgeting season, companies in the unincorporated part of Los Angeles County and the City of Los Angeles will need to manage another new round of increases to their minimum wage scale. The minimum wage in unincorporated LA County will be increasing from $15.00 to $15.96 per hour on July 1, 2022. The ordinance applies to employees who work at least two hours a week within unincorporated areas of Los Angeles County. The minimum wage in the City of Los Angeles will increase from $15 to $16.04. The wage scalation index, tied to consumer prices, and part of the City’s effort to curb poverty, has spiked considerably over the last few months, pushing the City to boost hourly rates above those in the County. This latest increase is a continuation of the annual increases that began in 2016 and now apply to all employers regardless of employee count. The minimum wage will continue to increase each year on July 1 based on the Consumer Price Index for Urban Wage Earners and Clerical Workers.

Learn more

March 14, 2022

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Feb 18 2022
How to Combat Job-Hopping? Hire Part-Time Employees and Interns!

Is Job Hopping Here to Stay?

It used to be that most employees would stay in a position on average of four to six years. That is no longer the case. The fact is that most employees are no longer considering long-term employment with your company.  

The leaders of the job-hopping movement are, to no surprise, millennials. They are now aptly called the “job-hopping generation” because they display a significantly higher willingness to switch careers than previous generations. The long-tenured career employee is essentially over.   

Employee mobility with employment options, and the opportunity to get more money with the next move, have resulted in decreasing employee tenure. Social media is saturated with narratives about getting a 20% increase by going to a new company. The fact is that strategy works for people. In previous years, job jumping was frowned on – now, that tactic is part of the challenges that employers must seriously account for.  

Given that employees are less likely to stay with your company for a long period, you need to develop shorter and more impactful training procedures to make up for time lost in the hiring process. Shorter employment also makes companies question their pension and retirement benefits. Instead of benefit and tenure keeping in immediately waiting 6 to 12 months longer and increasing vesting provisions from 3 to five years. 

Hire Part-Time Employees to Fill the Labor Gap

One driver of the current resignation wave is that employees are looking to shift their work schedule and work with more flexible work type arrangements. Often, even a full-time WFH arrangement is not enough. Employees are also looking for a shorter, flexible work schedule.  Part-time employment may be an option for them and many employers.  

Beyond the cost economics – which may help the employer – part-time employees often have the experience and the technical agility that employers often require from new employees.  Given the new dynamics in work arrangements, part-time employees, when properly structured, can add the stability that the current environment lacks. 

Managers will be key. Managers can resist the perception that part-time employees are supplemental and not worthy of long-term investment in terms of training to development. HR must bring considerable company culture efforts to show how part-time employees can be more than a short-term for the organization. Employees now place a high value on the ability to control their work/life balance, so they are likely to appreciate the opportunity to earn income while being able to accommodate to their lifestyle.  

High Demand for Interns Expected in 2022

Intern season is coming up! A well-managed internship program is a great way to identify potential long-term talent against the wave of resignations. If you have been on the fence about hiring interns, this may be the year for you to jump into developing an internship program.  A properly vetted internship program offers a variety of solutions that can quickly fill the labor gaps most employers are experiencing. 

Hiring interns is a great way to get specific skill-based labor that can support critical key functions and relieve areas with entry-level support. A good program should also be able to help you identify potential long-term talent. If you target and recruit specific skill sets, you may be able to bring some support to key projects that might be stuck due to a lack of resources.  

Most of the jobs that are being lost, besides retail and health, are office administrative classifications where minimum wages have not kept up with inflation. That means interns and part-time employees could provide much-needed relief during the late spring and summer months. 

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