California 2017-2018 Regular Session

California Assembly Bill AB168 Compare Versions

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1		-	Assembly Bill No. ~~168 CHAPTER 688An~~ act to add Section 432.3 to the Labor Code, relating to employers. ~~[ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 168, Eggman. Employers: salary information.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 relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
	1	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 14, 2017 Amended IN Senate September 08, 2017 Amended IN Senate June 06, 2017 Amended IN Assembly May 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 168Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member Cristina Garcia)(Principal coauthor: Senator Atkins)(Coauthors: Assembly Members Eduardo Garcia, Gonzalez Fletcher, Mathis, and Waldron)January 17, 2017An act to add Section 432.3 to the Labor Code, relating to employers.LEGISLATIVE COUNSEL'S DIGESTAB 168, Eggman. Employers: salary information.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 relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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3		-	Assembly Bill No. 168 CHAPTER 688An act to add Section 432.3 to the Labor Code, relating to employers. [ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 168, Eggman. Employers: salary information.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 relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 14, 2017 Amended IN Senate September 08, 2017 Amended IN Senate June 06, 2017 Amended IN Assembly May 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 168Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member Cristina Garcia)(Principal coauthor: Senator Atkins)(Coauthors: Assembly Members Eduardo Garcia, Gonzalez Fletcher, Mathis, and Waldron)January 17, 2017An act to add Section 432.3 to the Labor Code, relating to employers.LEGISLATIVE COUNSEL'S DIGESTAB 168, Eggman. Employers: salary information.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 relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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	5	+	Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly September 14, 2017 Amended IN Senate September 08, 2017 Amended IN Senate June 06, 2017 Amended IN Assembly May 15, 2017
	6	+
	7	+	Enrolled September 15, 2017
	8	+	Passed IN Senate September 12, 2017
	9	+	Passed IN Assembly September 14, 2017
	10	+	Amended IN Senate September 08, 2017
	11	+	Amended IN Senate June 06, 2017
	12	+	Amended IN Assembly May 15, 2017
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	14	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	16		Assembly Bill No. 168
6		-	CHAPTER 688
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	18	+	Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member Cristina Garcia)(Principal coauthor: Senator Atkins)(Coauthors: Assembly Members Eduardo Garcia, Gonzalez Fletcher, Mathis, and Waldron)January 17, 2017
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	20	+	Introduced by Assembly Member Eggman(Principal coauthor: Assembly Member Cristina Garcia)(Principal coauthor: Senator Atkins)(Coauthors: Assembly Members Eduardo Garcia, Gonzalez Fletcher, Mathis, and Waldron)
	21	+	January 17, 2017
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8	23		An act to add Section 432.3 to the Labor Code, relating to employers.
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10		-	[ Approved by Governor October 12, 2017. Filed with Secretary of State October 12, 2017. ]
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12	25		LEGISLATIVE COUNSEL'S DIGEST
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14	27		## LEGISLATIVE COUNSEL'S DIGEST
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16	29		AB 168, Eggman. Employers: salary information.
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18	31		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 relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
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20	33		Existing law imposes various restrictions on employers with respect to applicants for employment. A violation of those restrictions is a misdemeanor.
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22	35		This bill would prohibit an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant. The bill also would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary, as specified. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
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24	37		## Digest Key
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26	39		## Bill Text
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28	41		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 rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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30	43		The people of the State of California do enact as follows:
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32	45		## The people of the State of California do enact as follows:
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34	47		SECTION 1. Section 432.3 is added to the Labor Code, to read:432.3. (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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36	49		SECTION 1. Section 432.3 is added to the Labor Code, to read:
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38	51		### SECTION 1.
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40	53		432.3. (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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42	55		432.3. (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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44	57		432.3. (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.(d) Section 433 does not apply to this section.(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).(f) This section applies to all employers, including state and local government employers and the Legislature.(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.
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48	61		432.3. (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.
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50	63		(b) An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.
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52	65		(c) An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment.
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54	67		(d) Section 433 does not apply to this section.
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56	69		(e) This section shall not apply to salary history information disclosable to the public pursuant to federal or state law, including 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).
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58	71		(f) This section applies to all employers, including state and local government employers and the Legislature.
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60	73		(g) Nothing in this section shall prohibit an applicant from voluntarily and without prompting disclosing salary history information to a prospective employer.
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62	75		(h) If an applicant voluntarily and without prompting discloses salary history information to a prospective employer, nothing in this section shall prohibit that employer from considering or relying on that voluntarily disclosed salary history information in determining the salary for that applicant.
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64	77		(i) Consistent with Section 1197.5, nothing in this section shall be construed to allow prior salary, by itself, to justify any disparity in compensation.