When you fill out a job application a common question is a request to provide your current salary or hourly rate of pay. But the issue of pay secrecy is one that has been receiving attention across the country including in Congress and at the state level.  The National Labor Relations Act (NLRA) already gives all non-supervisory employees the legally protected right to talk to one another about their wages. There are currently at least eight (8) bills pending before Congress addressing pay secrecy.

Taking the concept a step further Massachusetts recently enacted a law that prohibits employers from asking applicants about their salary history.  What's the purpose you ask?  Some believe that this line of inquiry fosters continued pay discrimination that adversely impacts women.  Earlier this year the Bureau of Labor Statistics issued a report that found the wage gap between men and women was smaller for women in 11 states that have enacted fair pay laws.   

Whether you agree or disagree with the data, support or oppose related legislation, as in the preceding article this is ripe for you to shape this public policy.  Contact your state elected officials as well as Congressional representative.  If you ask applicants about their current pay understand why you do so.  Then consider the adverse impact to your business operations if you were no longer permitted to do so. You may find that it really would not make a difference; you may find that it would.  The key is ensuring you open and maintain the dialogue with your elected representatives so together we shape public policy that works best for our employees, prospective employees and the employers that employ them. 

Speaking of secrecy. Join FiveL Company's October 26th webcast, " Workplace Privacy: Whose Business is it Anyway?!" as we review pay secrecy and other legislative, legal and regulatory trends impacting HR policies, practices and procedures.