Johnny C. Taylor Jr.
Johnny C. Taylor Jr.tackles your human resources questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world's largestHRprofessional societyand author of "Reset: A Leader’s Guide to Work in an Age of Upheaval.”
The questions are submitted by readers, and Taylor's answers below have been edited for length and clarity.
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Question: During a preliminary interview, a recruiter asked me about my current salary. Is that something they can legally ask? If so, how should I answer? – Douglas
Johnny C. Taylor Jr.: Depending on where you work a prospective employer may be well within their right to ask about your current salary. While asking about your current salary is legal under federal law, there are 22 states and 21 cities/localities where salary history inquiries are prohibited. If your jurisdiction allows employers to ask about salaries, you have a few options for how you can answer.
Obviously, the easiest way to advance in the job search process is to answer the question. The recruitment process is a two-way street where you’re trying to learn as much as you can about the job and the employer is trying to get to know you better. Why would a company want to spend time pursuing you for a role that pays significantly less than you currently make? In the event your current salary is higher than what you know they are willing to pay for their role, explain that you are nonetheless genuinely interested in the role for other reasons (e.g., following a spouse/partner, wanting a career change, etc.). Strong HR professionals know compensation is not always a primary motivator for wanting a job.
Now you can obviously refuse to answer the question. You’ll need to stay professional and state that you would like to learn more about the position before discussing your salary. Or you could ask about the salary range for the position and share your salary expectations.At the end of the day, you can simply refuse to answer the salary question, but keep in mind the employer can simply refuse to keep you in the applicant pool.
If your state or locality prohibits employers from asking about your salary, then, of course, do not share this information if the recruiter is asking for it.
Research and preparation will ensure confidence in finding the perfect response to difficult interview questions. Best of luck to you in your future endeavors!
Q: About a quarter of our staff are salaried employees. Our salary workers are required to clock in and out. Most work in excess of 50 hours a week without additional pay. However, when salary workers have to leave early or take a day off, their pay is reduced. Can an employer do this to their salaried workers? – Naomi
Taylor: Which rules apply will depend on the worker’s classification under the Fair Labor Standards Act as either “exempt” or “nonexempt.”
Let’s start with exempt employees. An exempt employee is guaranteed a weekly salary, is not eligible for overtime pay and meets specific criteria under FLSA. When an exempt employee is absent for personal reasons and doesn’t have paid leave to cover it (e.g., vacation, personal time, paid time off), your employer can deduct a full day’s absence from their pay. However, if an exempt employee is sick and they have paid leave, it must be used first before your employer can deduct a full day’s absence from their pay.In instances where an employee works any portion of the day, the employer is not permitted to make pay deductions but may reduce their paid leave bank, accordingly.
On the other hand, a nonexempt employee is eligible for overtime pay and is typically paid on an hourly basis but can also be paid in other ways, such as a salary. There are two approaches to establishing a weekly salary for nonexempt employees.
The first is paying a guaranteed salary for working a set number of hours per week. For example, a consistent schedule of 35 hours per week. When employees don't work the full 35 hours, your employer could require them to utilize their paid leave or reduce their pay for the time they took off.
The second approach is paying a guaranteed salary for a fluctuating workweek. This seldom used approach applies when hours are unpredictable, meaning they change from week to week.One week, the employee could work 20 hours and the next week 52 hours. Under this method, nonexempt employees receive a set weekly salary, no matter how few or how many hours they work. With this method, an employer could require or allow an employee to use their paid leave to cover the absence but if it is exhausted or has not been earned, they aren’t allowed to deduct the time taken off from their pay.
This can be a complicated issue, but I hope I have provided some clarity for you. Should you still have questions, speak with your supervisor or HR professional to understand whether the positions are exempt or nonexempt, as this will determine what is and is not permitted.
