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Matthew Keith of Scarborough is a masters of social work student at the University of Maine.
LD 54, An Act to Require Employers to Disclose Pay Ranges and Maintain Records of Employees’ Pay Histories, is, I believe, a common sense legislative proposal that would benefit all working Mainers. This legislation would empower people with knowledge of the pay range for jobs they are applying for, or are currently working in. Withholding this information creates a power imbalance that allows employers to underpay employees who can’t effectively advocate for themselves due to a lack of accurate information.
This imbalance particularly affects people who have historically marginalized identities. These employees are less likely to negotiate for higher pay than employees who have privileged identities. Even when businesses do not intentionally underpay employees, withholding pay ranges creates disempowerment from the start of the employer/employee relationship.
The main argument opponents of this legislation often make is that it would be overly burdensome to keep records of employees’ pay for three years after employment termination. This is confusing because, based on answers provided by opponents in legislative committees, the large majority of businesses already maintain these records beyond this length of time.
It seems more likely that the biggest objection of employers, and their advocacy groups, is losing leverage over employees. Those possessing inequitable power rarely ever voluntarily give up that power. It is logical that many businesses will do what is in their best interest, especially where it impacts revenue. This is why it is so important to create safeguards that empower employees, especially in the absence of unionization.
Most of us have experienced the sheer confusion of a potential employer asking “What salary were you hoping for?” without any information about the possible pay range. If one shoots on the low end, they are likely to be underpaid. If one shoots on the high end, they often won’t get a job offer. Logically, if one wants the job it would make sense to aim somewhere in the middle.
But how would one do that without knowledge of the pay scale? This situation often leads to aiming on the lower end of what one imagines the scale to be, in an attempt to make sure they have a better chance to get the job. This disempowering situation only benefits the business and shareholders.
The people of Maine should email and call their legislators to ask them to support LD 54 and advocate for its passage in the state House and Senate. The opposition to this legislation is organized and motivated, so it’s up to us — the working people of Maine — to organize and make our voice be heard in support. If you don’t know where to start, I recommend searching for your legislators, both in the Maine House of Representatives and Maine Senate. It can be wonderfully surprising how responsive many of our local legislators are and this is a great opportunity to begin, or further, that relationship if you haven’t yet.
All employees in Maine deserve to know where they fall within the pay range for their position of employment. LD 54 would make that happen and provide employees with the empowering information they deserve.
These are challenging times locally, nationally, and globally, that leave us all wanting wins we can feel good about. This bill would be a win for the working people of Maine, who are getting squeezed from all sides right now. We may not be able to individually shift the situation nationally, but within our state border we really do have agency and can make an impactful and lasting difference.