Indiana 2024 Regular Session

Indiana House Bill HB1046 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1046
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-2-19.
7	7	Synopsis: Wage history and wage range. Prohibits, with certain
8	8	exceptions, an employer from relying on the wage history of an
9	9	applicant in the hiring process and in determining wages. Prohibits an
10	10	employer from failing or refusing to: (1) disclose the wage or wage
11	11	range and a general description of benefits in a posting for a job,
12	12	promotion, transfer, or other employment opportunity; and (2) provide
13	13	an employee with the current wage or wage range and a general
14	14	description of the benefits upon hire, promotion, transfer, and the
15	15	employee's request. Prohibits an employer from retaliating against an
16	16	applicant under the wage history provisions and an applicant or
17	17	employee under the wage range provisions. Provides that an applicant
18	18	or employee may file a complaint alleging a violation with the
19	19	department of labor (department), or the department on its own may
20	20	initiate an investigation and file a complaint alleging a violation. Sets
21	21	forth civil penalties for a violation. Requires the department to provide
22	22	a list of employers that have four or more violations to the office of the
23	23	chief equity, inclusion, and opportunity officer (office). Requires the
24	24	office to post the list on the equity data portal.
25	25	Effective: July 1, 2024.
26	26	Errington, Garcia Wilburn, Pfaff
27	27	January 8, 2024, read first time and referred to Committee on Employment, Labor and
28	28	Pensions.
29	29	2024 IN 1046—LS 6263/DI 141 Introduced
30	30	Second Regular Session of the 123rd General Assembly (2024)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2023 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1046
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning labor
42	42	and safety.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 22-2-19 IS ADDED TO THE INDIANA CODE AS
45	45	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
46	46	3 1, 2024]:
47	47	4 Chapter 19. Wage History and Wage Range Inquiries
48	48	5 Sec. 1. As used in this chapter, "department" refers to the
49	49	6 department of labor created by IC 22-1-1-1.
50	50	7 Sec. 2. As used in this chapter, "employer" means:
51	51	8 (1) any individual, partnership, association, limited liability
52	52	9 company, corporation, business trust, the state, or other
53	53	10 governmental entity or political subdivision; or
54	54	11 (2) an agent of an individual or entity described in subdivision
55	55	12 (1).
56	56	13 Sec. 3. (a) As used in this section, "wage history" means the
57	57	14 wages paid to an applicant for employment by the applicant's
58	58	15 current employer or previous employers.
59	59	16 (b) Except as provided in subsection (c), it is an unlawful
60	60	17 employment practice for an employer to do any of the following:
61	61	2024 IN 1046—LS 6263/DI 141 2
62	62	1 (1) Rely on the wage history of an applicant for employment
63	63	2 in considering an applicant for employment, including
64	64	3 requiring that the applicant's prior wages satisfy minimum or
65	65	4 maximum criteria as a condition of being hired for
66	66	5 employment.
67	67	6 (2) Rely on the wage history of an applicant for employment
68	68	7 in determining the wages of an applicant for employment to
69	69	8 be paid by the employer upon hire.
70	70	9 (3) Seek the wage history of an applicant for employment.
71	71	10 (c) After the employer makes an initial offer of employment
72	72	11 with an offer of compensation to an applicant for employment, an
73	73	12 employer may:
74	74	13 (1) rely on the wage history to support a wage higher than the
75	75	14 wage offered by the employer, if the wage history is
76	76	15 voluntarily provided by the applicant for employment without
77	77	16 prompting from the employer; and
78	78	17 (2) seek to confirm the wage history of the applicant for
79	79	18 employment to support a wage higher than the wage offered
80	80	19 by the employer when relying on the wage history as
81	81	20 permitted in subdivision (1).
82	82	21 (d) An employer may rely on the wage history under the
83	83	22 circumstances described in this section only to the extent that the
84	84	23 higher wage does not create an unlawful pay differential based on
85	85	24 a protected characteristic as provided in IC 22-2-2-4.
86	86	25 (e) An employer may not conduct a search of publicly available
87	87	26 records or reports for the purpose of obtaining an applicant's wage
88	88	27 history.
89	89	28 (f) An employer may not:
90	90	29 (1) refuse to:
91	91	30 (A) interview;
92	92	31 (B) hire;
93	93	32 (C) promote; or
94	94	33 (D) employ; or
95	95	34 (2) retaliate against;
96	96	35 an applicant for employment because the applicant did not provide
97	97	36 the employer with a wage history.
98	98	37 (g) This section may not be construed to prohibit an applicant
99	99	38 for employment from sharing a wage history with an employer
100	100	39 voluntarily and without prompting from the employer.
101	101	40 Sec. 4. (a) For purposes of this section, "wage range" means the
102	102	41 minimum and maximum wage for a position set in good faith by
103	103	42 reference to:
104	104	2024 IN 1046—LS 6263/DI 141 3
105	105	1 (1) any applicable pay scale;
106	106	2 (2) the previously determined range of wages for the position;
107	107	3 (3) the actual range of wages for individuals currently holding
108	108	4 equivalent positions; or
109	109	5 (4) the budgeted amount for the position, if applicable.
110	110	6 The breadth of the wage range is one (1) factor relevant to the
111	111	7 analysis of whether the wage range has been set in good faith.
112	112	8 (b) It is an unlawful employment practice for an employer to do
113	113	9 any of the following:
114	114	10 (1) Fail or refuse to disclose in each public and internal
115	115	11 posting for a job, promotion, transfer, or other employment
116	116	12 opportunity the following:
117	117	13 (A) The wage or wage range for the position.
118	118	14 (B) A general description of the benefits and other
119	119	15 compensation offered for the position.
120	120	16 (2) Fail or refuse to provide an employee with the current
121	121	17 wage or wage range and a general description of the benefits
122	122	18 and other compensation offered for the position in which the
123	123	19 employee is employed upon the occurrence of any of the
124	124	20 following:
125	125	21 (A) Hire.
126	126	22 (B) Promotion.
127	127	23 (C) Transfer.
128	128	24 (D) The employee's request.
129	129	25 (c) An employer may not:
130	130	26 (1) refuse to:
131	131	27 (A) interview;
132	132	28 (B) hire;
133	133	29 (C) promote; or
134	134	30 (D) employ; or
135	135	31 (2) retaliate against;
136	136	32 an applicant for employment or an employee for exercising any
137	137	33 rights under this section.
138	138	34 Sec. 5. (a) An applicant for employment or employee may file a
139	139	35 complaint alleging a violation of this chapter with the department,
140	140	36 or the department on its own may initiate an investigation and file
141	141	37 a complaint alleging a violation of this chapter.
142	142	38 (b) If the department finds that an employer has violated this
143	143	39 chapter, the department may do the following:
144	144	40 (1) Issue a warning for the first violation.
145	145	41 (2) Impose a civil penalty of one hundred dollars ($100) for
146	146	42 the second violation.
147	147	2024 IN 1046—LS 6263/DI 141 4
148	148	1 (3) Impose a civil penalty of five hundred dollars ($500) for
149	149	2 the third violation and each subsequent violation.
150	150	3 Sec. 6. All civil penalties collected under section 5 of this chapter
151	151	4 shall be deposited in the state general fund.
152	152	5 Sec. 7. (a) The department shall maintain a list of employers
153	153	6 that have four (4) or more violations under section 5 of this
154	154	7 chapter. The list must specify the number of violations committed
155	155	8 by an employer.
156	156	9 (b) Before January 1 of each year, the department shall provide
157	157	10 a copy of the list described in this section to the office of the chief
158	158	11 equity, inclusion, and opportunity officer.
159	159	12 (c) The office of the chief equity, inclusion, and opportunity
160	160	13 officer shall post the list described in this section on the equity data
161	161	14 portal.
162	162	15 Sec. 8. If an employer is found to have violated this chapter, the
163	163	16 employer shall notify its employees of the violation.
164	164	17 Sec. 9. (a) The department has the power to administer, carry
165	165	18 out, and enforce this chapter.
166	166	19 (b) The department may adopt rules under IC 4-22-2 to
167	167	20 implement this chapter.
168	168	2024 IN 1046—LS 6263/DI 141