Updated: Dec 13, 2018
Although #MeToo has dominated the media, Times Up is a powerful movement and you should know how this affects your business.
*Disclaimer: The materials available on this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
Times Up stems from a desire to see equality for women not just in the workplace but in all areas of life. Times Up may of started as catch phrase but it has grown into a movement that is looking at how to gain equality for women and they are starting in the workplace.
The big question is this: Are women paid fairly?
Debates have centered around this topic for decades and Times Up seeks to put action behind the desire to see women paid fairly. I’m not going to get into the different sides of this argument but rather explain why you as a business owner need to be aware of this issue.
Are you paying all workers fairly and equally?
By what standard is this measured? The answer to these two questions is where you could be open for lawsuits. Let’s discuss just a couple ways you can determine the proper wages for workers…
#1: Don’t ask what they are currently making or salary history. When you interview a candidate you are no longer allowed by law to ask what they are currently making or what their wage history was previously.
#2: DO ask what they are expecting to make at the job you are interviewing them for/they are applying for. This is, again, allowed by law per AB 2282.
#3: Use a pay scale wage system. If wages are based within a pay scale for each job, there leaves very little room for wage disparity and discrimination. The key is to NOT negotiate salary that falls outside a set pay scale; once you start negotiating, you open yourself up to liability. If you do make an exception, you need to have an extremely good reason and as always…document, document, document!
#4: Review all employees current wages. You need to make sure that your employees are being fairly and equally. If you find any errors, consult with your HR professional or employment lawyer for help on correcting this issues.