California Assembly Bill AB1017 Amended / Bill

 BILL NUMBER: AB 1017AMENDED BILL TEXT AMENDED IN SENATE JULY 8, 2015 AMENDED IN ASSEMBLY MAY 18, 2015 AMENDED IN ASSEMBLY APRIL 16, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Campos (Coauthors: Assembly Members Cristina Garcia and Gonzalez) FEBRUARY 26, 2015 An act to add Section 432.3 to the Labor Code, relating to employers. LEGISLATIVE COUNSEL'S DIGEST AB 1017, as amended, Campos. Employers. Existing law imposes various restrictions on employers with respect to applicants for employment. A violation of those restrictions is a misdemeanor. This bill would prohibit an employer from seeking salary history information from an applicant for employment and from releasing the salary history of any current or former employee without written authorization from the current or former  employee. By imposing new prohibitions on employers, the violation of which would be a crime, this bill would impose a state-mandated local program.   employee or without first obtaining certification from the prospective employer that the prospective employer has obtained written authorization from the current or former employee to disclose that information. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 432.3 is added to the Labor Code, to read: 432.3.  (a)    An employer shall not do  any   either  of the following:  (a)   (   1)  Orally or in writing, personally or through an agent, seek salary history information, including, but not limited to, compensation and benefits, from an applicant for employment for an interview or as a condition of employment.  (b)   (2)  Release the salary history of any current or former employee to any prospective employer in response to a request as part of an interview or hiring process without written authorization from the current or former  employee.   employee or without first obtaining certification from the prospective employer that the prospective employer has obtained written authorization from the current or former employee to disclose that information.   (b) Section 433 does not apply to this section.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.