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	<title>
	Comments on: Labor and employment roundup	</title>
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	<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 23 Aug 2016 21:59:05 +0000</lastBuildDate>
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	<item>
		<title>
		By: CarLitGuy		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340311</link>

		<dc:creator><![CDATA[CarLitGuy]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 21:59:05 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59783#comment-340311</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340308&quot;&gt;Bill Poser&lt;/a&gt;.

The applicant is already disadvantaged.  They want, potentially, what the employer is offering - a job.

Discussions about compensation and benefits can quickly help potential employer and potential employee set expectations as to what each wants from the relationship.  At the end of the day, 95% of the relationship (if not more) is about compensation and work product.  If employer and employee are too far apart there, the rest of the interview wastes both party&#039;s time.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340308">Bill Poser</a>.</p>
<p>The applicant is already disadvantaged.  They want, potentially, what the employer is offering &#8211; a job.</p>
<p>Discussions about compensation and benefits can quickly help potential employer and potential employee set expectations as to what each wants from the relationship.  At the end of the day, 95% of the relationship (if not more) is about compensation and work product.  If employer and employee are too far apart there, the rest of the interview wastes both party&#8217;s time.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340308</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 21:08:37 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59783#comment-340308</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340306&quot;&gt;MattS&lt;/a&gt;.

But negotiations as to compensation normally follow a job offer. Asking about past compensation in the interview puts the applicant at a disadvantage.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340306">MattS</a>.</p>
<p>But negotiations as to compensation normally follow a job offer. Asking about past compensation in the interview puts the applicant at a disadvantage.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340306</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 18:43:24 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340303&quot;&gt;gitarcarver&lt;/a&gt;.

&quot;Employers ask the salary question for a myriad of reasons including such reasonable ones as employers want to see a growth in the person’s salary both in a job and as they move from job to job.&quot;

Even more innocuous, most professional job openings don&#039;t have fixed salaries (there may be a range based on level/responsibilities, but not a singular fixed value).  Companies expect you to negotiate salary.  Your current/previous salary is an important piece of information for those negotiations.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340303">gitarcarver</a>.</p>
<p>&#8220;Employers ask the salary question for a myriad of reasons including such reasonable ones as employers want to see a growth in the person’s salary both in a job and as they move from job to job.&#8221;</p>
<p>Even more innocuous, most professional job openings don&#8217;t have fixed salaries (there may be a range based on level/responsibilities, but not a singular fixed value).  Companies expect you to negotiate salary.  Your current/previous salary is an important piece of information for those negotiations.</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340305</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 18:39:34 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340304&quot;&gt;mx&lt;/a&gt;.

Speaking strictly for myself, I&#039;d say &quot;no, not necessarily.&quot; It would depend on circumstances, rapport, your qualifications, etc. That a question is aggressive does not automatically rule it out of bounds.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340304">mx</a>.</p>
<p>Speaking strictly for myself, I&#8217;d say &#8220;no, not necessarily.&#8221; It would depend on circumstances, rapport, your qualifications, etc. That a question is aggressive does not automatically rule it out of bounds.</p>
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		<title>
		By: mx		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340304</link>

		<dc:creator><![CDATA[mx]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 18:28:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59783#comment-340304</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340303&quot;&gt;gitarcarver&lt;/a&gt;.

If I, as a prospective employee in an interview, asked &quot;how much did you pay the last person who had the job?&quot; wouldn&#039;t you probably refuse to answer and show me the door?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340303">gitarcarver</a>.</p>
<p>If I, as a prospective employee in an interview, asked &#8220;how much did you pay the last person who had the job?&#8221; wouldn&#8217;t you probably refuse to answer and show me the door?</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2016/08/labor-employment-roundup-15-3/comment-page-1/#comment-340303</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Tue, 23 Aug 2016 16:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=59783#comment-340303</guid>

					<description><![CDATA[Re:  New Illegal Interview Question.

Once again we have a case of the government restricting speech without a compelling interest.  There is no data that I can see (and none cited in the article) that asking about salary of a previous job is in any way associated with alleged pay inequities.  

Employers ask the salary question for a myriad of reasons including such reasonable ones as employers want to see a growth in the person&#039;s salary both in a job and as they move from job to job.  

Another example would be a person who left a $100K job and is seeking a job whose stated pay is $50K.  That type of downward change raises all sorts of red flags such as &quot;will the person stay in this position or is this a stop gap position for them?&quot;  &quot;Did something happen in their last job that caused them to leave and seek this lower paying position?&quot;  &quot;Is the person being truthful about the last salary they made and are they using it as a bargaining chip?&quot;

How long a person will stay in a job is a legitimate concern of any employer given the costs of recruiting, hiring, training, etc.  It is also a legitimate concern that an applicant / prospective employee is truthful and honest.  

A job application is like a jigsaw puzzle.  To hire good people you take individual questions and answers to make up a picture.  

The removal of another question is the removal of another piece of the puzzle which will cost companies more money without any practical benefit to anyone.]]></description>
			<content:encoded><![CDATA[<p>Re:  New Illegal Interview Question.</p>
<p>Once again we have a case of the government restricting speech without a compelling interest.  There is no data that I can see (and none cited in the article) that asking about salary of a previous job is in any way associated with alleged pay inequities.  </p>
<p>Employers ask the salary question for a myriad of reasons including such reasonable ones as employers want to see a growth in the person&#8217;s salary both in a job and as they move from job to job.  </p>
<p>Another example would be a person who left a $100K job and is seeking a job whose stated pay is $50K.  That type of downward change raises all sorts of red flags such as &#8220;will the person stay in this position or is this a stop gap position for them?&#8221;  &#8220;Did something happen in their last job that caused them to leave and seek this lower paying position?&#8221;  &#8220;Is the person being truthful about the last salary they made and are they using it as a bargaining chip?&#8221;</p>
<p>How long a person will stay in a job is a legitimate concern of any employer given the costs of recruiting, hiring, training, etc.  It is also a legitimate concern that an applicant / prospective employee is truthful and honest.  </p>
<p>A job application is like a jigsaw puzzle.  To hire good people you take individual questions and answers to make up a picture.  </p>
<p>The removal of another question is the removal of another piece of the puzzle which will cost companies more money without any practical benefit to anyone.</p>
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