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Most people underestimate the 
power of process. 

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They stick it in the back seat 
and forget about it until it's 

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too late. 
But they shouldn't process. 

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These Run, the World, literally 
all of it stocked supermarkets 

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on time, trains and safely. 
Landing plans are all made 

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possible by systems of intricate
interlinked processes. 

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They are the secret sauce of 
every great company and HR teams

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are responsible for some of the 
most important processes of all 

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onboarding employees building 
teams, crafting culture, These 

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vital systems are the lifeblood 
of every organization. 

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That's why this episode is 
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Ste welcome to the bringing the 

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human Back To Human Resources 
podcast, the podcast, all about 

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the delicate balance between 
people I'm business and quite 

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literally reconnecting the tube,
my name is Tracy Ruben and I've 

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spent nearly my entire 
professional career in a jar, 

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join me as I share stories, 
opinions and words of advice 

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with you each week. 
Hi everyone, welcome back to the

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podcast. 
Thank you so much for being here

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for another week. 
Don't forget to rate review, 

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subscribe wherever you are 
listening to or watching this 

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podcast. 
And if you have a friend, maybe 

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that is interested in what we 
do. 

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When we talk about here, please 
feel free to share the podcast 

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00:02:03,700 --> 00:02:08,100
with that friend. 
This week, I am going to be 

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specifically talking about some 
of the legislative changes or 

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Um, you know, information that's
could be really impactful to 

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your experience, your company, 
your employees. 

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And so I just kind of want to 
set the stage. 

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So first of all, a lot of my 
episodes recently have been 

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guest episodes. 
I'm so we haven't really talked 

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about some like impending 
legislation or changes that US 

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based employers will be 
confronted with. 

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So definitely want to cover that
and secondly There is an episode

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coming up. 
It is the episode at the end of 

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October and it is going to cover
HR horror stories because 

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Halloween is at the end of 
October. 

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And when I had asked folks on 
who follow me on my Instagram, 

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what they thought would be a 
kind of, like, a fun way to 

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celebrate the 100th episode. 
Someone suggested that, I 

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collect HR nightmare stories, HR
horror stories, and share them 

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on a podcast episode. 
So that is What I'm doing. 

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So October 25th, I think is that
last Tuesday of October that 

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episode will be all about HR 
nightmare stories. 

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Now what I want to say is that 
if you want to submit your HR 

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Horror Story or nightmare Story,
scary story, whatever you want 

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to call it. 
There's a link in the show notes

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where you can submit your story 
and I've already received a ton 

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but I think that the more I 
receive the crazier and scarier,

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they will be because there are 
Stories already that I'm like 

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very concerned about and you 
know, at the end of the day I 

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will share them on that episode 
and you know will learn will 

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laugh, will grow? 
We will be concerned all of the 

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above, right? 
But it'll be a great way for us 

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to kind of maybe commiserate a 
little bit but share some 

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perspective and hopefully for me
to be able to kind of respond to

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some of the stories too and you 
know maybe make sense of the 

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craziness So with that, let's 
jump right into this week's 

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episode. 
So the two things that I really 

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want to talk about are the I9 
flexibility extension coming to 

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an end at the end of October and
pay transparency. 

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So the I-9 piece is something 
coming. 

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Almost like dating back to April
or May of twenty Twenty-One and 

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basically the Department of 
Homeland Security said, okay 

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we're going to Grant an 
extension On this, you know, 

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temporary exemption for people 
who are onboarding in a remote 

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environment when it comes to 
their I9 documentation. 

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So companies that are not 
typically remote needed to 

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figure out a way to be flexible 
with I9 requirements. 

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And just so, you know, I 9 is a 
requirement in the United States

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are for us employers to verify 
employment eligibility. 

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And basically, Employees, new 
hires need to provide 

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documentation that shows and 
proves that they are eligible to

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work in the United States. 
And this must be completed 

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between the employee and the 
employer within the first three 

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days of a new hires start date. 
So if someone starts on October 

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1st then they have the first the
second and the third to complete

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their I9 verification and 
because of covid companies had 

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to kind of flex and do these 
processes. 

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Remotely. 
And so the Department of 

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Homeland Security said, okay 
we're going to allow this to be 

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remote if someone is you know in
a time and place where they're 

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not meeting in person on a 
regular basis and need 

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flexibility to prove their 
employment eligibility. 

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And basically, that exemption 
also applied to the employers 

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because employers were afforded 
this flexibility to basically do

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the I-9 verification steps for 
moly, which in, you know, by law

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are technically not allowed. 
Now, there are some nuances here

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and I do want to read what is 
important to keep in mind for 

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when this flexibility M? 
So the flexibility again will 

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end on October 31st on Halloween
and basically that means that 

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once the October 31st comes 
around November 1st going 

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forward, the interim exemptions 
and flexibilities are no longer 

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granted and Have to do the 
physical check of the I-9 

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verification process. 
So once this, once November 

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first comes along the 
government. 

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Then we'll now expect employers 
to verify identity and 

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employment authorization 
documents in person for 

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employees, on-boarded remotely. 
During the pandemic, which means

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that companies will need to go 
back to anyone, that was hired, 

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let's say, between 2021 or even 
2020. 

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And T22, depending on how many 
and when the hiring was 

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happening, if anyone hired 
remotely, this is really what is

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applicable here. 
If a company hired, someone 

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remotely during the pandemic, 
they will need to physically 

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check and re-verify, the I-9 
documentation, which is a lot of

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work. 
And actually, there is no need 

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to wait. 
So if you have not been doing 

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this within your organization, 
you can start as soon as you 

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want, you do not have to wait 
for November first to re-verify.

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And actually, the expectation is
that the re-verification is 

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happening after the employee 
begins working on a regular and 

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consistent basis in person or 
three days after a covid-19, 

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emergency. 
And so, for whatever reason, if 

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a state still is in a national 
emergency with covid, then once 

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that policy were to end or that,
that Status ends, then it's 

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required. 
But in most cases, I'm going to 

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go on a limb here and say that 
companies have probably not been

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Rivera fying. 
So this is your reminder and 

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your note to go ahead and 
re-verify. 

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Anyone that was hired during 
covid. 

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So something that is really 
important to consider here is 

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that wine a company goes ahead 
and starts to re-verify the 

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documents in person it should 
not Based on specific groups 

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like non-citizens versus 
naturalized citizens. 

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Or, you know, anything like 
that. 

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It really should be based on 
when someone is working or the 

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state in which they're like. 
If you went state by state, for 

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example, like starting with 
California and then moving to 

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New York, like the groups have 
to be non-discriminatory When 

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approaching the re-verification 
because it could come off 

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discriminatory if you if a 
company First goes and says, 

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okay, I'm going to re-verify all
non-citizens are going to 

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re-verify, all naturalized 
citizens, you have to be really 

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careful in the process and the 
procedure that you follow. 

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When you go ahead and complete 
the Rivera fication, one of the 

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nuances here, is really related 
to like fully remote companies 

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or companies that are like fully
distributed. 

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And maybe there isn't like a 
business entity or a Intuitive 

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of the business in a location 
where the employee is working. 

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So, in some cases, employees, 
can go to a notary and have 

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their documents verified in 
order to then be able to confirm

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that the documents are 
legitimate and meeting the 

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requirements of the I9. 
Also, in many instances, there 

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are different agents that a 
company can hire to kind of 

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stand or act as representatives 
of the company. 

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The pi'illos have this with 
e-verify, there are third-party 

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companies that do this, where 
they will kind of take on this 

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role and responsibility, for 
verifying the I-9 documentation.

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And so, there are ways to make 
this process less burdensome, 

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but most companies, at least my 
experience are kind of taking on

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this burden themselves and going
back. 

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And having to re-verify I-9 
documentation is a lot of work, 

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if it were me and I needed to go
back and revisit RFI, I would 

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probably Outsource that and ask,
you know, anyone that was hired 

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during the pandemic and is now 
expected to work in person. 

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I would probably have them all 
go to notaries or I would break 

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it down by state and knowing 
that the temporary extension has

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been is ending on October 31st. 
I probably would have started 

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that already, but since there 
are there's a possibility that 

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many of you listening Ting have 
not necessarily known this. 

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I would say what you would want 
to do is like a few States each 

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day or a few States each week, 
depending on how many employees 

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you have. 
Again, if you have a ton of 

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employees, I would say, probably
over a hundred or over 200 that 

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have been hired since needing to
have this needing to take 

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advantage of this flexible 
extension, and exemption that 

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you might want to consider a 
third party supporting this 

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process or hiring. 
One temporarily to support with 

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this like an HR admin or, you 
know, an intern or someone who 

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has some experience because I9 
is a federal requirement and you

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have to be really, really clear 
on what the expectations are 

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because it is very serious and 
there are fines Associated. 

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If these are this process has 
not done correctly or 

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appropriately or accurately. 
So just keep that in mind, you 

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should certainly take a partner 
in your legal counsel. 

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I'm sure that There are some 
attorneys out there who will 

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say, let's not even use a peo. 
Let's not even use e-verify, 

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let's just have everyone go to a
notary like there are some 

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attorneys that are going to be 
much more strict, it really 

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depends. 
But the law is pretty clear that

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the requirement needs to be 
physically. 

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The documents have to be 
physically reviewed, unless 

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there's a third party agent kind
of verifying these things. 

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So again, if you are not a US 
based employer, This might not 

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00:12:52,300 --> 00:12:58,000
feel super pertinent. 
However if you are living 

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outside of the United States and
potentially looking to work in 

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the United States, it is 
important to know that there is 

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this process because if you are 
a foreign employee or candidate,

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00:13:12,400 --> 00:13:15,700
there has to be some sort of 
work authorization, in order to 

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00:13:15,700 --> 00:13:17,900
work for a u.s. employer and 
this is the case in most 

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countries. 
Anyway but I 9 is At least from 

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00:13:22,300 --> 00:13:24,900
my perspective. 
One of the more strict 

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requirements that I've seen as 
far as, you know, proof of 

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Eligibility to work. 
So, with that, if you have any 

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00:13:35,100 --> 00:13:38,900
questions about the I9 process, 
you can always reach out to me. 

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00:13:39,400 --> 00:13:44,300
But I did include documents and 
links to other, you know, 

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00:13:44,300 --> 00:13:47,900
sources of information so that 
you can do your own research. 

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00:13:48,800 --> 00:13:52,400
And if there's anything that 
I've said, This episode in this 

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00:13:52,400 --> 00:13:55,900
recording that doesn't age well,
because something changes, 

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00:13:55,900 --> 00:13:59,800
please know that this is just a 
moment in time and so you should

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00:13:59,800 --> 00:14:04,000
always and continuously do your 
own research to make sure that 

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00:14:04,000 --> 00:14:08,300
you are up to date on the most 
recent and accurate information.

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00:14:08,300 --> 00:14:11,100
Because we know that legislation
changes all the time and this 

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00:14:11,100 --> 00:14:14,400
isn't even legislation. 
This is really like just Federal

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00:14:14,400 --> 00:14:17,900
requirements. 
So make sure that depending on 

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00:14:17,900 --> 00:14:19,800
when you're listening to this 
episode, even if you're 

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00:14:19,800 --> 00:14:23,400
listening on, October 31st there
could have been something that 

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00:14:23,400 --> 00:14:27,500
changed and you know this 
episode might not remain as 

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00:14:27,500 --> 00:14:32,800
fresh as it is today. 
So that is my reminder to all of

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00:14:32,800 --> 00:14:36,800
you. 
The second important legislative

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00:14:36,800 --> 00:14:42,700
change is really kind of like 
something that has been 

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00:14:42,700 --> 00:14:45,200
prevalent for a long time which 
is pay transparency. 

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00:14:45,200 --> 00:14:48,600
We've I think I talked about 
this back in 2021 because there 

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00:14:48,600 --> 00:14:52,900
have been states that have been 
much more active Requiring pay 

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transparency upfront before 
someone's hired. 

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And so I thought it would be a 
good opportunity to talk about 

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this now because New York 
recently updated their pay 

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transparency requirements so I'm
actually going to go state by 

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state. 
Now again this is u.s. specific.

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So if you don't live in the u.s.
I know that it's not necessarily

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super relevant for you. 
However I think it's really 

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important to be well-rounded and
you never know when you start 

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working for us based Her or if 
you yourself moved to the US I 

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mean who knows, right. 
But the majority of listeners 

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are based in the u.s. there are 
significant percentages of 

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people outside of the US but 
this this episode is going to be

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really super us Focus. 
So let's go state by state and 

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this article or information I 
should say will be available in 

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00:15:48,200 --> 00:15:51,600
the show notes as well. 
So if you would like to, Kind of

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00:15:52,100 --> 00:15:54,200
go right to that link and follow
along. 

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You certainly can do that as 
well, but this is something that

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basically shows us 
state-by-state what the 

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requirements are. 
Hey, everyone, I wanted to take 

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00:16:03,600 --> 00:16:07,200
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265
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And don't forget if you're 
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give process Street a try. 
You can sign up for a free 

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account at www.ppsd.com, Ste, or
check out their YouTube channel 

269
00:17:14,700 --> 00:17:16,500
for a bunch of webinars and 
demos. 

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00:17:16,500 --> 00:17:20,200
There are 20 states, that 
provide pay transparency laws 

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for equal pay. 
And Allow employees to discuss 

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their pay in the workplace. 
However, there is a focus on 

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salary, ranges being provided 
upfront, only 10 states have 

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this type of pay transparency 
law or are working to pass this 

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law. 
Now, the and this is something 

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that was published August 20, 
22. 

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And I like it because it has 
every state listed the way that 

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00:17:45,400 --> 00:17:49,500
I view pay transparency and 
really policies in general is 

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00:17:49,500 --> 00:17:55,000
that I always try Try to take 
the most stringent or most 

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00:17:55,000 --> 00:18:00,000
compliance heavy State and apply
the same policy across the 

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board. 
So, in most cases, California is

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the most stringent, right? 
Like we actually there, the 

283
00:18:06,208 --> 00:18:09,000
first state on our list for pay 
transparency laws, they do 

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require that the salary range is
on all job postings and this 

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00:18:15,300 --> 00:18:20,500
will be effective, January 1st, 
I believe 2023, but they also, 

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00:18:20,500 --> 00:18:23,300
they passed. 
An Equal Pay Act back in 2016, 

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00:18:24,000 --> 00:18:27,200
that provided a ton of benefits 
for employees, but one of those 

288
00:18:27,400 --> 00:18:30,600
benefits was that it prevented 
employers from asking about 

289
00:18:30,700 --> 00:18:36,900
candidates past salaries and it 
does also require employer's to 

290
00:18:36,900 --> 00:18:40,400
disclose salary ranges. 
Now, this is the example that I 

291
00:18:40,400 --> 00:18:44,600
want to use in my past with 
California, being the most 

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00:18:44,600 --> 00:18:49,100
stringent, and most compliance 
focused overall compared to the 

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00:18:49,100 --> 00:18:52,800
rest of the states. 
This Concept of not being able 

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00:18:52,800 --> 00:18:55,900
to ask past salaries. 
This is something that I would 

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00:18:55,900 --> 00:18:59,200
have applied to All State 
processes. 

296
00:18:59,200 --> 00:19:02,200
So, if you were interviewing 
someone in Connecticut, don't 

297
00:19:02,200 --> 00:19:05,700
ask their past salary, ask them 
what they're hoping to earn. 

298
00:19:06,400 --> 00:19:09,000
And this was actually something 
that New York is often right 

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00:19:09,000 --> 00:19:13,300
behind California and in terms 
of like passing legislation. 

300
00:19:13,300 --> 00:19:17,400
So when this happened back in 
2016, we had already applied it 

301
00:19:17,400 --> 00:19:20,200
across the board. 
And then by the time that New 

302
00:19:20,200 --> 00:19:23,600
York past, Their own law with 
this same requirement that you 

303
00:19:23,600 --> 00:19:27,900
can't ask past salaries. 
The the company was already used

304
00:19:27,900 --> 00:19:32,600
to this modality because it was 
the method in which we 

305
00:19:32,600 --> 00:19:36,300
approached all hiring. 
So, that is my preference. 

306
00:19:36,300 --> 00:19:39,500
When it comes to things like 
this because it's much easier to

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00:19:39,500 --> 00:19:45,000
manage one policy than it is to 
manage, you know, 50 if each 

308
00:19:45,000 --> 00:19:47,000
state passed its own 
requirement. 

309
00:19:47,200 --> 00:19:52,300
So unless there's something 
really, really specific That you

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00:19:52,300 --> 00:19:55,500
can't apply everywhere and you 
would only apply to one state. 

311
00:19:55,600 --> 00:19:59,300
I could see why you would have 
multiple policies, but in 

312
00:19:59,300 --> 00:20:02,100
reality, it's much more 
manageable. 

313
00:20:02,100 --> 00:20:07,400
If you take the most stringent 
State and you follow their 

314
00:20:07,400 --> 00:20:09,500
policies across the board. 
Now obviously I'm not an 

315
00:20:09,500 --> 00:20:14,500
attorney, there are a ton of 
reasons why you should go to 

316
00:20:14,500 --> 00:20:19,200
your legal counsel, your 
attorneys to validate that what 

317
00:20:19,200 --> 00:20:21,100
you're doing is lawful and 
correct. 

318
00:20:21,300 --> 00:20:24,600
I am not giving you advice on 
what to do but rather sharing 

319
00:20:24,600 --> 00:20:28,300
what I have done in the past and
how I typically like to roll out

320
00:20:28,300 --> 00:20:30,600
policies that can be really 
difficult to manage. 

321
00:20:30,600 --> 00:20:35,000
Covid is a great example of this
to back when I was still in 

322
00:20:35,000 --> 00:20:39,300
retail and I was managing covid 
at a store level especially and 

323
00:20:39,300 --> 00:20:44,700
a corporate level. 
We just took the most strict you

324
00:20:44,700 --> 00:20:48,200
know protocols and applied it 
everywhere that way it was much 

325
00:20:48,200 --> 00:20:54,100
easier to manage so moving on. 
Corrado which this is something 

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00:20:54,100 --> 00:20:57,000
that took effect in January of 
twenty, twenty one has an equal 

327
00:20:57,000 --> 00:21:00,400
pay for equal work tact and it's
one of the most important 

328
00:21:00,400 --> 00:21:03,400
aspects of the law is that it 
requires employers to list the 

329
00:21:03,400 --> 00:21:05,900
pay range and benefits of any 
job opening. 

330
00:21:06,100 --> 00:21:09,800
So, this is something that's 
been required since January. 

331
00:21:10,800 --> 00:21:15,000
And this is whether you are 
working remotely or in person, 

332
00:21:15,300 --> 00:21:17,500
and, regardless of how many 
employees you have. 

333
00:21:17,500 --> 00:21:22,200
Now, some states, do have 
minimum, A head count in order 

334
00:21:22,200 --> 00:21:24,800
for this law to be required for 
a business. 

335
00:21:24,800 --> 00:21:26,900
So just make sure that you're 
digging in. 

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00:21:26,900 --> 00:21:30,600
If you work in a specific state 
or have employees in specific 

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00:21:30,600 --> 00:21:33,200
states, make sure your double 
checking to see what the the 

338
00:21:33,200 --> 00:21:36,900
headcount requirement is because
you might be exempt from the 

339
00:21:36,900 --> 00:21:39,500
requirement. 
If you have too few employees 

340
00:21:39,500 --> 00:21:44,500
moving on. 
Connecticut, also in 2021 

341
00:21:44,500 --> 00:21:47,800
October of 2021 required 
employers to provide a salary 

342
00:21:47,800 --> 00:21:49,800
range. 
If the candidate requested it 

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00:21:49,800 --> 00:21:53,500
now, here is a good example. 
In Colorado and California, it's

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00:21:53,500 --> 00:21:56,800
required that the salary ranges 
are posted in Connecticut. 

345
00:21:56,800 --> 00:22:01,400
It's if the candidate requests 
it, if I was operating, you know

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00:22:01,400 --> 00:22:05,200
where I needed to apply this law
cross, the states, I would, then

347
00:22:05,300 --> 00:22:08,500
if I, if I had employees in 
Colorado and Connecticut, I 

348
00:22:08,500 --> 00:22:11,800
would follow the Colorado rule 
because it's more strict. 

349
00:22:11,900 --> 00:22:17,200
And even if it's an oversharing 
for Connecticut, employees, your

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00:22:17,200 --> 00:22:20,100
at least meeting the 
requirements in Colorado and 

351
00:22:20,100 --> 00:22:22,700
it's easier to manage because As
you're following again, the most

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00:22:22,700 --> 00:22:26,400
strict requirements and 
compliance requirements. 

353
00:22:26,400 --> 00:22:29,800
But again, just some just 
something that I have done in my

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00:22:29,800 --> 00:22:32,000
past, that's made it easier to 
manage these things. 

355
00:22:32,300 --> 00:22:34,900
Otherwise, you would need to if 
you have, you know, HR 

356
00:22:34,900 --> 00:22:39,200
contingence or HR Support in 
each state, then maybe it's 

357
00:22:39,200 --> 00:22:41,500
totally irrelevant and you can 
manage it state-by-state. 

358
00:22:41,500 --> 00:22:45,400
Maryland is another state that 
has an equal pay for equal work 

359
00:22:45,400 --> 00:22:47,700
act. 
That was passed in 2016. 

360
00:22:47,900 --> 00:22:51,100
It was recently updated in 2020 
with a focus on patrons. 

361
00:22:51,200 --> 00:22:54,700
Aaron see the law requires 
employers to provide pay ranges 

362
00:22:54,700 --> 00:22:58,100
at the candidates request and 
prohibits employers for asking 

363
00:22:58,100 --> 00:23:01,700
about previous salary history. 
So you see we're like when 

364
00:23:02,100 --> 00:23:07,200
states start to take on or see 
the effectiveness of these laws 

365
00:23:07,200 --> 00:23:11,100
and legislative agendas in other
states, they start to add them, 

366
00:23:11,100 --> 00:23:15,200
which is another benefit of kind
of taking this the most strict 

367
00:23:15,600 --> 00:23:18,200
compliance requirement and 
applying it across the board. 

368
00:23:18,300 --> 00:23:21,400
But we can see here that there 
have been many updates dates 

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00:23:21,400 --> 00:23:23,300
with pay transparency. 
And so, I think we can expect 

370
00:23:23,300 --> 00:23:26,900
that they will continue. 
Moving on for Nevada in October 

371
00:23:26,900 --> 00:23:29,500
of 20-21. 
They started requiring employers

372
00:23:29,500 --> 00:23:32,500
to disclose a salary range after
the first interview employees 

373
00:23:32,500 --> 00:23:34,800
are also entitled to salary, 
ranges for transfers and 

374
00:23:34,800 --> 00:23:36,800
promotions. 
However, the employee is 

375
00:23:36,800 --> 00:23:41,300
responsible for making the 
request and employers are not 

376
00:23:41,300 --> 00:23:43,700
required to disclose that 
automatically. 

377
00:23:43,700 --> 00:23:46,100
Now, this is interesting, 
because we're starting to see 

378
00:23:46,500 --> 00:23:51,600
more of this, in terms of pay 
transparency, internally Up in 

379
00:23:51,600 --> 00:23:55,000
other states. 
I think New York recently 

380
00:23:55,000 --> 00:24:00,800
updated their requirements to 
include internal changes and 

381
00:24:00,800 --> 00:24:02,400
jobs. 
So this will be really 

382
00:24:02,400 --> 00:24:04,200
interesting. 
Again, this is going to put a 

383
00:24:04,200 --> 00:24:06,800
huge. 
I don't want to say burden but 

384
00:24:06,800 --> 00:24:10,300
it is type. 
A type of burden on the HR 

385
00:24:10,300 --> 00:24:11,600
function because it's a lot to 
manage. 

386
00:24:11,600 --> 00:24:18,300
So, another thing that I would 
do personally is create salary 

387
00:24:18,300 --> 00:24:22,500
ranges, that have the minimum 
like if Let me let me go back. 

388
00:24:22,508 --> 00:24:27,500
If you operate in a state, that 
is a lower starting salary, like

389
00:24:27,500 --> 00:24:30,400
let's say, Florida to New York, 
Florida has a lower cost of 

390
00:24:30,400 --> 00:24:35,300
living, so maybe your salaries 
start at a lower rate in 

391
00:24:35,300 --> 00:24:37,300
Florida, but New York has a 
higher cost of living. 

392
00:24:37,300 --> 00:24:40,800
So they start at a higher rate 
in New York, the salary range 

393
00:24:40,800 --> 00:24:44,600
that I would probably think of 
providing is the minimum in the 

394
00:24:44,600 --> 00:24:48,000
lowest cost of living State and 
the maximum in the highest cost 

395
00:24:48,000 --> 00:24:50,500
of living State because 
otherwise you have to manage 

396
00:24:50,500 --> 00:24:52,500
salary. 
Is by every state. 

397
00:24:52,500 --> 00:24:56,500
And if you're posting jobs, like
remotely for example, where 

398
00:24:56,500 --> 00:24:59,100
someone can work anywhere, how 
do you manage that? 

399
00:24:59,100 --> 00:25:02,900
And I actually, I'm still trying
to figure this out and I've been

400
00:25:02,900 --> 00:25:05,900
asking like colleagues to see 
how they're doing it. 

401
00:25:05,900 --> 00:25:09,900
And it's really kind of like up 
in the air because each state 

402
00:25:09,900 --> 00:25:13,500
has its own requirements. 
But if you are a remote and you 

403
00:25:13,500 --> 00:25:16,600
don't have to operate in any 
specific State, how do you 

404
00:25:16,600 --> 00:25:18,800
manage it? 
So this again is where I kind of

405
00:25:19,400 --> 00:25:24,100
take the Perspective of like 
following the most stringent 

406
00:25:24,200 --> 00:25:26,400
because otherwise like how do 
you manage that? 

407
00:25:26,400 --> 00:25:29,000
And this is like, I hope in 
sharing this. 

408
00:25:29,200 --> 00:25:33,300
It shows you that I am learning 
at the same time and rate that 

409
00:25:33,300 --> 00:25:37,400
you all are learning this. 
So as more information comes 

410
00:25:37,400 --> 00:25:41,200
out, I hope to be able to share 
more information as well, New 

411
00:25:41,200 --> 00:25:44,800
Jersey, and Jersey City. 
Specifically have some 

412
00:25:44,800 --> 00:25:48,000
ordinances here. 
So in Jersey City, which is a 

413
00:25:48,100 --> 00:25:53,800
city with in New Jersey, the 
Ordinance requires employers to 

414
00:25:53,800 --> 00:25:56,600
disclose a job. 
Salary range of benefits which 

415
00:25:56,600 --> 00:25:59,500
also applies to promotion or 
transfer opportunities. 

416
00:25:59,800 --> 00:26:02,800
This was only in place for 
Jersey City, and not the entire 

417
00:26:02,800 --> 00:26:05,700
state of New Jersey. 
Now, add another layer of 

418
00:26:05,700 --> 00:26:08,600
complexity here, right? 
Like Jersey City, actually, my 

419
00:26:08,600 --> 00:26:10,900
family is from Jersey City and 
Hoboken. 

420
00:26:10,900 --> 00:26:14,600
It's like all there anyway, 
that's an anecdote Jersey, City 

421
00:26:14,600 --> 00:26:18,200
is a locality or a city, so it's
like, if you were to take Miami 

422
00:26:18,500 --> 00:26:22,200
having their own ordinance but 
not Sara Lee, applying it to all

423
00:26:22,200 --> 00:26:25,600
of Florida. 
This is the same, you know, kind

424
00:26:25,600 --> 00:26:28,800
of deal here. 
Jersey city has its own 

425
00:26:28,800 --> 00:26:32,900
regulation now. 
So, again, how do you manage as 

426
00:26:32,900 --> 00:26:35,800
an HR person? 
How do you manage local, state, 

427
00:26:36,000 --> 00:26:37,800
and potentially Federal 
requirements? 

428
00:26:37,800 --> 00:26:40,500
If they come out? 
So, again, you already know what

429
00:26:40,500 --> 00:26:43,500
I'm going to say, finding the 
most stringent is probably going

430
00:26:43,500 --> 00:26:47,300
to be these easiest thing to do,
unless you have HR Support in 

431
00:26:47,300 --> 00:26:51,300
each state or even like a region
to be able to manage these By 

432
00:26:51,300 --> 00:26:55,700
state rule the city and locality
by locality requirements. 

433
00:26:56,800 --> 00:26:59,700
We're almost done at the end of 
the list here, New York, which 

434
00:26:59,700 --> 00:27:02,800
includes New York City. 
And Ithaca have recently 

435
00:27:02,800 --> 00:27:05,600
implemented pay transparency 
laws that affect employers, of 

436
00:27:05,600 --> 00:27:09,800
course, in both New York City 
and Ithaca employers must 

437
00:27:09,800 --> 00:27:11,900
disclose salary, ranges and 
benefits. 

438
00:27:11,900 --> 00:27:15,200
Before a candidate is hired 
similar to The Jersey City law. 

439
00:27:15,200 --> 00:27:18,900
These laws only apply to either 
New York City or if Agha, that 

440
00:27:18,900 --> 00:27:21,000
means, if a candidate doesn't 
have a job in either of these, 

441
00:27:21,100 --> 00:27:23,000
The city's, the law will not 
apply. 

442
00:27:23,200 --> 00:27:27,500
So New York City and Ithaca are 
parts of New York, not New York 

443
00:27:27,500 --> 00:27:31,800
state and its entirety. 
So this I'm sure we'll continue 

444
00:27:31,800 --> 00:27:35,900
to see more coming out of this 
because California, as a state 

445
00:27:35,900 --> 00:27:38,300
has rolled out pay transparency.
And like I said, New York is 

446
00:27:38,300 --> 00:27:43,800
usually right behind them in 
Ohio, specifically in Toledo and

447
00:27:43,800 --> 00:27:47,200
Cincinnati their pay Equity act.
Ensures that workers in 

448
00:27:47,200 --> 00:27:50,500
Cincinnati and Toledo are 
entitled to pay transparency in 

449
00:27:50,500 --> 00:27:53,400
both. 
Is employers with more than 15 

450
00:27:53,400 --> 00:27:57,500
employees must provide a salary 
range upon candidates request 

451
00:27:57,800 --> 00:27:59,500
the catch. 
However, is that this law only 

452
00:27:59,500 --> 00:28:01,200
applies? 
If the candidate has been given 

453
00:28:01,200 --> 00:28:03,500
a conditional offer of 
employment. 

454
00:28:03,600 --> 00:28:07,300
So this is different in that the
employee or the new hire has to 

455
00:28:07,300 --> 00:28:12,000
be offered a job contingent on 
their background, check passing.

456
00:28:12,000 --> 00:28:15,400
And whatever else is a condition
is part of the conditional offer

457
00:28:15,600 --> 00:28:18,100
and then they get access to the 
salary range. 

458
00:28:18,100 --> 00:28:21,400
So, what I could foresee 
happening is that someone is 

459
00:28:21,400 --> 00:28:26,700
offered a conditional job, then 
request the salary range and 

460
00:28:26,700 --> 00:28:30,500
then seize the range could 
potentially be in the middle of 

461
00:28:30,500 --> 00:28:34,600
that range or below where they 
realize they could be. 

462
00:28:34,900 --> 00:28:38,900
And this could probably result 
in a lot of back and forth 

463
00:28:38,900 --> 00:28:43,500
between the new hire and their 
conditional offer. 

464
00:28:43,800 --> 00:28:48,700
So, I, if I'm a betting woman, I
think that Ohio will end up 

465
00:28:48,700 --> 00:28:51,800
changing its law. 
So that it's not After the 

466
00:28:51,800 --> 00:28:53,900
conditional offer has been made 
because it's going to create 

467
00:28:53,900 --> 00:28:56,200
probably a ton of 
back-and-forth, but who knows? 

468
00:28:56,200 --> 00:28:59,200
We shall see Rhode Island 
passed. 

469
00:28:59,200 --> 00:29:03,300
An equal pay law in 2021, which 
will only go into effect, 

470
00:29:03,300 --> 00:29:06,300
starting 2023. 
The law will require employer's 

471
00:29:06,300 --> 00:29:09,400
to provide a salary range at a 
candidate's request and will 

472
00:29:09,400 --> 00:29:13,000
also apply this law to transfers
and promotions. 

473
00:29:13,000 --> 00:29:16,000
So again, we're seeing a 
percentage of these states 

474
00:29:16,000 --> 00:29:20,700
applying this requirement to 
internal opportunities as well 

475
00:29:20,700 --> 00:29:23,900
as a External for Rhode Island. 
It's important to note that 

476
00:29:23,900 --> 00:29:27,300
employers will also be required 
to disclose a salary range if 

477
00:29:27,500 --> 00:29:30,700
compensation is discussed in any
way, even if the candidate 

478
00:29:30,700 --> 00:29:34,500
doesn't directly request it. 
So what this tells me is that, 

479
00:29:35,200 --> 00:29:39,700
if at any point, the person, 
engaging in an interview with a 

480
00:29:39,700 --> 00:29:43,200
candidate says, what are you 
looking to earn boom, that 

481
00:29:43,200 --> 00:29:46,400
triggers a salary range, being 
needing to be provided, even if 

482
00:29:46,400 --> 00:29:50,400
the candidate doesn't request it
and then finally Washington has 

483
00:29:50,400 --> 00:29:53,400
an equal. 
Opportunities act, which was 

484
00:29:53,400 --> 00:29:57,000
passed in 2019 and recently 
amended to include salary 

485
00:29:57,000 --> 00:29:59,100
ranges. 
According to the law, employers 

486
00:29:59,100 --> 00:30:02,000
must provide a salary range once
they make an offer to a 

487
00:30:02,000 --> 00:30:05,300
candidate. 
So again, this is an offer based

488
00:30:05,300 --> 00:30:08,200
trigger and I think that this 
will end up changing to because 

489
00:30:08,800 --> 00:30:11,400
that it could potentially be a 
lot of back and forth, but this 

490
00:30:11,400 --> 00:30:14,100
was also passed in 2019. 
So maybe it worked out. 

491
00:30:14,100 --> 00:30:17,000
I don't know. 
Employers must also provide 

492
00:30:17,000 --> 00:30:20,000
salary ranges for employees. 
Who request them for transfers 

493
00:30:20,000 --> 00:30:23,900
and promotions. 
So, this is only a fifth of the 

494
00:30:23,900 --> 00:30:26,800
states in the United States 
having pay transparency laws, 

495
00:30:26,800 --> 00:30:32,600
but I guarantee you that most, 
if not all states, will 

496
00:30:32,600 --> 00:30:34,700
eventually have these laws 
passed? 

497
00:30:35,000 --> 00:30:38,300
I'm sure that this will be a 
political discussion, and that 

498
00:30:38,300 --> 00:30:42,700
there will be a ton of 
polarizing opinions on pay 

499
00:30:42,700 --> 00:30:45,200
transparency laws and certain 
States depending on their 

500
00:30:45,200 --> 00:30:51,700
political swing. 
However, for you as an HR, I'm 

501
00:30:51,700 --> 00:30:54,400
professional. 
I think it's really important to

502
00:30:54,400 --> 00:30:57,900
be super clear on what the law 
is and what is required. 

503
00:30:57,900 --> 00:31:01,800
And if you operate in multiple 
States, consider how you will 

504
00:31:01,800 --> 00:31:05,800
manage all of this. 
Most of these laws have already 

505
00:31:05,800 --> 00:31:09,500
gone into effect. 
However, they've been amended to

506
00:31:10,000 --> 00:31:12,700
include salary ranges going 
forward. 

507
00:31:12,700 --> 00:31:16,100
So if you are not already 
compliant in any of these states

508
00:31:16,100 --> 00:31:20,500
that I shared, you do have to 
kind of go back and figure out 

509
00:31:20,600 --> 00:31:24,700
what your requirements are if 
there's a head count minimum and

510
00:31:24,700 --> 00:31:28,100
things like that. 
So I certainly hope that this 

511
00:31:28,100 --> 00:31:31,000
was helpful. 
I know it's a ton of information

512
00:31:31,000 --> 00:31:33,100
again. 
I'm going I shared all of those 

513
00:31:33,100 --> 00:31:35,200
links in the show notes so I 
hope that you go to those 

514
00:31:35,200 --> 00:31:38,000
resources and take advantage and
read. 

515
00:31:38,000 --> 00:31:43,800
And again this episode may not 
remain fresh if you listen after

516
00:31:43,800 --> 00:31:46,800
its published. 
So I encourage you regardless of

517
00:31:46,800 --> 00:31:49,900
when you were listening to this 
episode to do your own research,

518
00:31:50,100 --> 00:31:53,000
make sure that you are Clear. 
Make sure that you're compliant,

519
00:31:53,000 --> 00:31:56,400
speak with your legal Partners, 
your attorneys in house or out 

520
00:31:56,400 --> 00:31:59,900
of house counsel and make sure 
that you are compliant because 

521
00:31:59,900 --> 00:32:03,400
this episode we know legislation
changes like it's probably 

522
00:32:03,400 --> 00:32:06,600
changing right now. 
I'm recording it this episode in

523
00:32:06,600 --> 00:32:09,000
the late afternoon and it could 
have already changed. 

524
00:32:09,000 --> 00:32:12,600
So you know by the time this is 
published and then by the time 

525
00:32:12,600 --> 00:32:14,800
it's heard by you it could 
already be stale. 

526
00:32:15,200 --> 00:32:19,500
So I do hope this helps and 
maybe this link will continue to

527
00:32:19,500 --> 00:32:22,900
live on and and hopefully these 
These resources will update but 

528
00:32:22,900 --> 00:32:25,700
there's no really no real way to
know for sure. 

529
00:32:25,700 --> 00:32:29,200
So moral of the story, do your 
own research, make sure you have

530
00:32:29,200 --> 00:32:33,700
attorneys that you partner with 
and always focus on being 

531
00:32:33,700 --> 00:32:35,700
compliant with the law. 
And then you have nothing to 

532
00:32:35,700 --> 00:32:38,600
worry about. 
And it is okay to be extra 

533
00:32:38,600 --> 00:32:42,100
generous with your benefits or 
extra strict with your 

534
00:32:42,100 --> 00:32:45,200
compliance requirements. 
So long as you are meeting 

535
00:32:45,200 --> 00:32:48,500
again, the highest threshold 
like California has the highest 

536
00:32:48,500 --> 00:32:52,500
threshold and expectation for 
Transparency, laws, and double 

537
00:32:52,500 --> 00:32:55,600
time, and all of those things. 
So whether you are more strict 

538
00:32:55,600 --> 00:32:58,100
and meeting those compliance 
standards that they have at that

539
00:32:58,100 --> 00:33:01,300
higher threshold or more 
generous, and giving benefits 

540
00:33:01,300 --> 00:33:06,300
because you want to only have to
apply one sweeping policy that 

541
00:33:06,300 --> 00:33:10,900
is okay, as long as you are 
meeting the minimum in each, you

542
00:33:10,900 --> 00:33:16,600
know, facet of the the where you
operate now, of course, if you 

543
00:33:16,600 --> 00:33:21,500
operate in other countries like 
Canada, Mexico, India, Ukraine, 

544
00:33:21,500 --> 00:33:25,700
wherever those countries all 
have their own requirements and 

545
00:33:25,700 --> 00:33:27,500
policies. 
So you won't be able to apply 

546
00:33:27,500 --> 00:33:30,800
that same reasoning across 
country, but you can in the 

547
00:33:30,808 --> 00:33:34,300
United States across apply, most
of the time across state lines. 

548
00:33:34,700 --> 00:33:37,300
As long as again, you are being 
your meeting. 

549
00:33:37,300 --> 00:33:40,700
The highest threshold for 
compliance and the minimum 

550
00:33:40,700 --> 00:33:44,400
threshold for pay and things 
like that. 

551
00:33:44,400 --> 00:33:47,800
If there's anything that I can 
expand on, please feel free to 

552
00:33:47,800 --> 00:33:50,000
reach out to me. 
You can email me at podcast at 

553
00:33:50,000 --> 00:33:54,000
HR Tracy Dot. 
You can DM me on Instagram at 

554
00:33:54,000 --> 00:33:55,700
HR. 
Tracy, that's trec. 

555
00:33:55,700 --> 00:33:58,800
I can connect with me on 
LinkedIn, although I have not 

556
00:33:58,800 --> 00:34:00,700
been on there in a while, so I 
have to get to all those 

557
00:34:00,700 --> 00:34:03,600
messages. 
But other than that, I do hope 

558
00:34:03,600 --> 00:34:07,000
this helped and I appreciate you
listening and I will see you 

559
00:34:07,000 --> 00:34:09,100
next week. 
Don't forget to submit your HR 

560
00:34:09,100 --> 00:34:12,600
nightmare stories, and I so 
appreciate you being here. 

561
00:34:12,600 --> 00:34:14,400
Thank you so much. 
See you next week.

