California Assembly Bill AB1017 Amended / Bill

 BILL NUMBER: AB 1017AMENDED BILL TEXT AMENDED IN SENATE AUGUST 24, 2015 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   about  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 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.   employment, except as otherwise provided.  The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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 either of the following:   (1)     Orally   not, orally  or in writing, personally or through an agent, seek salary history information, including, but not limited to, compensation and benefits,  from   about  an applicant for  employment for an interview or as a condition of  employment.  (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 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.  (c) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including but not limited to, the California Public Records Act, Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or the federal Freedom of Information Act, Section 552 of Title 5 of the United States Code.