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2 | 2 | | HB0156a -1- HB 156 |
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4 | 4 | | |
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5 | 5 | | 34-LS0752\A |
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11 | 11 | | HOUSE BILL NO. 156 |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVE MINA |
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18 | 18 | | |
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19 | 19 | | Introduced: 3/26/25 |
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20 | 20 | | Referred: Judiciary, Labor and Commerce |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to disclosure of information regarding employee compensation by 1 |
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28 | 28 | | employers, employees, and applicants for employment." 2 |
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29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | 30 | | * Section 1. AS 23.10 is amended by adding new sections to read: 4 |
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31 | 31 | | Article 9. Disclosure of Employee Compensation. 5 |
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32 | 32 | | Sec. 23.10.700. Disclosure or discussion of wages. (a) An employer who 6 |
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33 | 33 | | publishes a notice, advertisement, or other solicitation for employment shall include in 7 |
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34 | 34 | | the notice, advertisement, or other solicitation a description of the compensation, 8 |
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35 | 35 | | including the salary or range of salaries, for the position. 9 |
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36 | 36 | | (b) An employer may not 10 |
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37 | 37 | | (1) prohibit an employee or applicant for employment from disclosing 11 |
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38 | 38 | | the employee's or applicant's compensation or discussing or asking about the 12 |
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39 | 39 | | compensation of another; 13 |
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40 | 40 | | (2) ask an applicant for employment about compensation the applicant 14 34-LS0752\A |
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41 | 41 | | HB 156 -2- HB0156a |
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43 | 43 | | |
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44 | 44 | | may have received from another employer; or 1 |
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45 | 45 | | (3) prohibit an employee or applicant for employment from helping or 2 |
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46 | 46 | | encouraging another individual to exercise a right under this subsection. 3 |
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47 | 47 | | (c) Nothing in this section 4 |
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48 | 48 | | (1) creates an obligation for an employee or applicant for employment 5 |
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49 | 49 | | to disclose information about the employee's or applicant's compensation or the 6 |
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50 | 50 | | compensation of another; 7 |
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51 | 51 | | (2) prohibits an employee or applicant for employment from 8 |
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52 | 52 | | voluntarily disclosing to an employer information about the employee's or applicant's 9 |
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53 | 53 | | compensation; 10 |
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54 | 54 | | (3) prohibits an employer from considering or relying on information 11 |
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55 | 55 | | disclosed under (2) of this subsection when determining the compensation of an 12 |
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56 | 56 | | employee or applicant for employment. 13 |
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57 | 57 | | Sec. 23.10.705. Posting summary required. An employer subject to 14 |
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58 | 58 | | AS 23.10.700 - 23.10.740 shall keep a summary of the requirements in AS 23.10.700 - 15 |
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59 | 59 | | 23.10.740 approved by the commissioner and post the summary in a conspicuous 16 |
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60 | 60 | | location at a place where an employee is employed. Upon request, the commissioner 17 |
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61 | 61 | | shall provide a copy of the summary to an employer without charge. 18 |
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62 | 62 | | Sec. 23.10.710. Retaliation prohibited. An employer may not discharge, 19 |
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63 | 63 | | discipline, threaten, discriminate against, or penalize an employee for exercising a 20 |
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64 | 64 | | right under AS 23.10.700 - 23.10.740 or participating in or benefitting from a 21 |
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65 | 65 | | complaint, claim, trial, agreement, or investigation resulting from an alleged violation 22 |
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66 | 66 | | of AS 23.10.700 - 23.10.740. 23 |
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67 | 67 | | Sec. 23.10.715. Damages for retaliation. An employee who has been 24 |
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68 | 68 | | discharged, disciplined, threatened, discriminated against, or penalized in violation of 25 |
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69 | 69 | | AS 23.10.710 may file a civil claim against the employer for damages, including 26 |
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70 | 70 | | reinstatement and lost wages, separate from and in addition to a fine recoverable by 27 |
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71 | 71 | | the state under AS 23.10.725. 28 |
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72 | 72 | | Sec. 23.10.720. Statute of limitations. An action under AS 23.10.715 may be 29 |
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73 | 73 | | filed not later than three years after the injury to the aggrieved employee last occurs. 30 |
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74 | 74 | | Sec. 23.10.725. Penalty. (a) A violation of AS 23.10.700 - 23.10.740 or a 31 34-LS0752\A |
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75 | 75 | | HB0156a -3- HB 156 |
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78 | 78 | | regulation or order of the commissioner issued under AS 23.10.700 - 23.10.740 is 1 |
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79 | 79 | | punishable by a fine of not less than $100 and not more than $2,000 as determined by 2 |
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80 | 80 | | the commissioner. 3 |
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81 | 81 | | (b) Each day a violation occurs may constitute a separate violation as 4 |
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82 | 82 | | determined by the commissioner. 5 |
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83 | 83 | | (c) If an employer conducts an internal audit for the purpose of avoiding or 6 |
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84 | 84 | | correcting violations of AS 23.10.700 - 23.10.740, the commissioner may reduce the 7 |
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85 | 85 | | amount of a fine otherwise payable under this section. 8 |
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86 | 86 | | Sec. 23.10.730. Regulations. The commissioner shall adopt regulations under 9 |
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87 | 87 | | AS 44.62 (Administrative Procedure Act) to implement and interpret AS 23.10.700 - 10 |
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88 | 88 | | 23.10.740. 11 |
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89 | 89 | | Sec. 23.10.740. Definitions. In AS 23.10.700 - 23.10.740, 12 |
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90 | 90 | | (1) "employee" means a natural person, other than an independent 13 |
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91 | 91 | | contractor, in the service of an employer; 14 |
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92 | 92 | | (2) "employer" means the state, the University of Alaska, the Alaska 15 |
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93 | 93 | | Railroad Corporation, a political subdivision of the state, and a person who employs 16 |
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94 | 94 | | one or more employees. 17 |
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95 | 95 | | * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 18 |
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96 | 96 | | read: 19 |
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97 | 97 | | APPLICABILITY. This Act applies to compensation for services performed on or 20 |
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98 | 98 | | after the effective date of this Act. 21 |
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