Arizona 2025 Regular Session

Arizona House Bill HB2912 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: employment; employee salary State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2912 Introduced by Representatives Abeytia: Aguilar, Austin, Connolly, Contreras P, Crews, Garcia, Sandoval, Simacek AN ACT Amending title 23, chapter 2, article 1, arizona revised statutes, by adding section 23-207; amending section 23-341, arizona revised statutes; amending title 41, chapter 9, article 4, arizona revised statutes, by adding section 41-1469; relating to employment practices. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: employment; employee salary
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
11	11	HB 2912
12	12	Introduced by Representatives Abeytia: Aguilar, Austin, Connolly, Contreras P, Crews, Garcia, Sandoval, Simacek
13	13
14	14	REFERENCE TITLE: employment; employee salary
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-seventh Legislature
29	29
30	30	First Regular Session
31	31
32	32	2025
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2912
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representatives Abeytia: Aguilar, Austin, Connolly, Contreras P, Crews, Garcia, Sandoval, Simacek
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	AN ACT
65	65
66	66
67	67
68	68	Amending title 23, chapter 2, article 1, arizona revised statutes, by adding section 23-207; amending section 23-341, arizona revised statutes; amending title 41, chapter 9, article 4, arizona revised statutes, by adding section 41-1469; relating to employment practices.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read: START_STATUTE23-207. Wage disclosure; wage, salary and benefit history; protection; prohibition; civil penalty; civil action A. An employer may not do any of the following: 1. Require nondisclosure by an employee regarding the employee's wage information as a condition of employment. 2. Require an employee to sign a waiver or other document that denies the employee the right to disclose the employee's wage information. 3. Take any adverse employment action against an employee for disclosing the employee's wages or discussing another employee's wages if the discussion is voluntary. 4. Retaliate against an employee for asserting THE employee's rights and remedies under this section. 5. Inquire about a prospective employee's age or salary history before negotiating with AND making to the prospective employee an offer of EMPLOYMENT with compensation, unless the prospective employee voluntarily discloses this information. 6. Screen a prospective employee based on the prospective EMPLOYEE'S previous wage or salary history, including benefits or other compensation. For the purposes of this paragraph, screening a prospective EMPLOYEE based on the PROSPECTIVE employee's previous wage or salary includes both of the FOLLOWING: (a) Requiring that a PROSPECTIVE employee's previous wage or salary history, including benefits or other compensation, satisfies minimum or maximum criteria. (b) Requesting or requiring as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment or as a condition of employment that a prospective employee DISCLOSE previous wage or salary history, including benefits or other compensation. 7. Seek the previous wage or salary HISTORY, including benefits or other compensation, of any prospective employee from any current or former employer of the prospective employee. 8. Check public records for a prospective employee's previous wage history or salary history, INCLUDING BENEFITS or other compensation. 9. Discharge or in any other manner retaliate against any employee or prospective employee because the employee either: (a) Opposed or is about to make a complaint relating to any act or practice that is prohibited by this section. (b) Testified or is about to testify, assist or participate in any manner in an investigation or proceeding relating to any act or practice that is prohibited by this section. B. This section does not: 1. CREATE an obligation for an employer or employee to disclose wage information. 2. allow an employee, without the written consent of the employer, to disclose proprietary information, trade secret information or other information that is otherwise subject to legal privilege or protected by law. 3. Diminish any existing rights under the NATIONAL LABOR relations act (49 stat. 449; 29 united states code sections 151 through 169). 4. Allow an employee to disclose the wage information of other employees to a competitor of the employer. C. An employer that provides an employee handbook to its employees shall include in the employee handbook notice of the employee's rights and remedies under this section. d. A person that violates this section is subject to a civil penalty of $5,000 for a first violation and an additional $1,000 for each subsequent violation, not to exceed $10,000. E. A person that violates this section is liable to each employee or PROSPECTIVE employee who was the subject of the violation for special damages not to exceed $10,000 plus attorney fees and is subject to injunctive relief as may be appropriate. F. If an employer violates subsection A of this section, the employee may file a civil action against the employer. The court may order reinstatement, recovery of unpaid wages, restoration of lost service credits, if appropriate, and expungement of any related adverse record relating to the EMPLOYEE who is the subject of the violation. G. An action to recover the liability DESCRIBED in subsection E of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or EMPLOYEES and other employees similarly situated. END_STATUTE Sec. 2. Section 23-341, Arizona Revised Statutes, is amended to read: START_STATUTE23-341. Equal wage rates; variations; penalties; enforcement A. Notwithstanding the other provisions of this chapter, no an employer shall may not pay any person in his the employer's employ at wage rates that are less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work., provided, that nothing herein shall this section does not prohibit a variation of rates of pay for male and female employees who are engaged in the same classification of work based upon on a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of a specified weight, or any other reasonable differentiation, or factor or factors other than sex, when if exercised in good faith. B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such the employee is deprived by reason of such the violation. C. Any affected employee may register with the commission a complaint that the wages paid to such the employee are less than the wages to which such the employee is entitled under this section. D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees. E. Any employee receiving less than the wage to which such the employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage. F. Any action based upon on or arising under this section shall be instituted within six months one year after the date of that the employee knows or should have known of the alleged violation, but in no event shall any an employer be is not liable for any pay due under this section for more than thirty days prior to before receipt by the employer of a written notice of claim thereof of violation from the employee. G. The burden of proof shall be upon is on the person bringing the claim to establish that the differentiation in rate of pay is based upon on the factor of sex and not upon on any other differences, difference or factor or factors. h. In any action alleging a violation of this section, an employer may not use an employee's prior wage or salary history as a defense to the action. END_STATUTE Sec. 3. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41-1469, to read: START_STATUTE41-1469. Wage or salary discrimination; use of history prohibited In any action alleging wage or salary discrimination in violation of this article, an employer may not use an employee's prior wage and salary history as a defense to the action. END_STATUTE Sec. 4. Short title This act may be cited as the "Wage Antidiscrimination Act".
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:
83	83
84	84	START_STATUTE23-207. Wage disclosure; wage, salary and benefit history; protection; prohibition; civil penalty; civil action
85	85
86	86	A. An employer may not do any of the following:
87	87
88	88	1. Require nondisclosure by an employee regarding the employee's wage information as a condition of employment.
89	89
90	90	2. Require an employee to sign a waiver or other document that denies the employee the right to disclose the employee's wage information.
91	91
92	92	3. Take any adverse employment action against an employee for disclosing the employee's wages or discussing another employee's wages if the discussion is voluntary.
93	93
94	94	4. Retaliate against an employee for asserting THE employee's rights and remedies under this section.
95	95
96	96	5. Inquire about a prospective employee's age or salary history before negotiating with AND making to the prospective employee an offer of EMPLOYMENT with compensation, unless the prospective employee voluntarily discloses this information.
97	97
98	98	6. Screen a prospective employee based on the prospective EMPLOYEE'S previous wage or salary history, including benefits or other compensation. For the purposes of this paragraph, screening a prospective EMPLOYEE based on the PROSPECTIVE employee's previous wage or salary includes both of the FOLLOWING:
99	99
100	100	(a) Requiring that a PROSPECTIVE employee's previous wage or salary history, including benefits or other compensation, satisfies minimum or maximum criteria.
101	101
102	102	(b) Requesting or requiring as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment or as a condition of employment that a prospective employee DISCLOSE previous wage or salary history, including benefits or other compensation.
103	103
104	104	7. Seek the previous wage or salary HISTORY, including benefits or other compensation, of any prospective employee from any current or former employer of the prospective employee.
105	105
106	106	8. Check public records for a prospective employee's previous wage history or salary history, INCLUDING BENEFITS or other compensation.
107	107
108	108	9. Discharge or in any other manner retaliate against any employee or prospective employee because the employee either:
109	109
110	110	(a) Opposed or is about to make a complaint relating to any act or practice that is prohibited by this section.
111	111
112	112	(b) Testified or is about to testify, assist or participate in any manner in an investigation or proceeding relating to any act or practice that is prohibited by this section.
113	113
114	114	B. This section does not:
115	115
116	116	1. CREATE an obligation for an employer or employee to disclose wage information.
117	117
118	118	2. allow an employee, without the written consent of the employer, to disclose proprietary information, trade secret information or other information that is otherwise subject to legal privilege or protected by law.
119	119
120	120	3. Diminish any existing rights under the NATIONAL LABOR relations act (49 stat. 449; 29 united states code sections 151 through 169).
121	121
122	122	4. Allow an employee to disclose the wage information of other employees to a competitor of the employer.
123	123
124	124	C. An employer that provides an employee handbook to its employees shall include in the employee handbook notice of the employee's rights and remedies under this section.
125	125
126	126	d. A person that violates this section is subject to a civil penalty of $5,000 for a first violation and an additional $1,000 for each subsequent violation, not to exceed $10,000.
127	127
128	128	E. A person that violates this section is liable to each employee or PROSPECTIVE employee who was the subject of the violation for special damages not to exceed $10,000 plus attorney fees and is subject to injunctive relief as may be appropriate.
129	129
130	130	F. If an employer violates subsection A of this section, the employee may file a civil action against the employer. The court may order reinstatement, recovery of unpaid wages, restoration of lost service credits, if appropriate, and expungement of any related adverse record relating to the EMPLOYEE who is the subject of the violation.
131	131
132	132	G. An action to recover the liability DESCRIBED in subsection E of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or EMPLOYEES and other employees similarly situated. END_STATUTE
133	133
134	134	Sec. 2. Section 23-341, Arizona Revised Statutes, is amended to read:
135	135
136	136	START_STATUTE23-341. Equal wage rates; variations; penalties; enforcement
137	137
138	138	A. Notwithstanding the other provisions of this chapter, no an employer shall may not pay any person in his the employer's employ at wage rates that are less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work., provided, that nothing herein shall this section does not prohibit a variation of rates of pay for male and female employees who are engaged in the same classification of work based upon on a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of a specified weight, or any other reasonable differentiation, or factor or factors other than sex, when if exercised in good faith.
139	139
140	140	B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such the employee is deprived by reason of such the violation.
141	141
142	142	C. Any affected employee may register with the commission a complaint that the wages paid to such the employee are less than the wages to which such the employee is entitled under this section.
143	143
144	144	D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.
145	145
146	146	E. Any employee receiving less than the wage to which such the employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage.
147	147
148	148	F. Any action based upon on or arising under this section shall be instituted within six months one year after the date of that the employee knows or should have known of the alleged violation, but in no event shall any an employer be is not liable for any pay due under this section for more than thirty days prior to before receipt by the employer of a written notice of claim thereof of violation from the employee.
149	149
150	150	G. The burden of proof shall be upon is on the person bringing the claim to establish that the differentiation in rate of pay is based upon on the factor of sex and not upon on any other differences, difference or factor or factors.
151	151
152	152	h. In any action alleging a violation of this section, an employer may not use an employee's prior wage or salary history as a defense to the action. END_STATUTE
153	153
154	154	Sec. 3. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41-1469, to read:
155	155
156	156	START_STATUTE41-1469. Wage or salary discrimination; use of history prohibited
157	157
158	158	In any action alleging wage or salary discrimination in violation of this article, an employer may not use an employee's prior wage and salary history as a defense to the action. END_STATUTE
159	159
160	160	Sec. 4. Short title
161	161
162	162	This act may be cited as the "Wage Antidiscrimination Act".