Introduced Version
HOUSE BILL No. 1300
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-2-20.
Synopsis: Wage history and wage range. Prohibits, with certain
exceptions, an employer from relying on the wage history of an
applicant in the hiring process and in determining wages. Prohibits an
employer from failing or refusing to: (1) disclose the wage or wage
range and a general description of benefits in a posting for a job,
promotion, transfer, or other employment opportunity; and (2) provide
an employee with the current wage or wage range and a general
description of the benefits upon hire, promotion, transfer, and the
employee's request. Prohibits an employer from retaliating against an
applicant under the wage history provisions and an applicant or
employee under the wage range provisions. Provides that an applicant
or employee may file a complaint alleging a violation with the
department of labor (department), or the department on its own may
initiate an investigation and file a complaint alleging a violation. Sets
forth civil penalties for a violation. Requires the department to provide
a list of employers that have four or more violations to the office of the
chief equity, inclusion, and opportunity officer (office). Requires the
office to post the list on the equity data portal.
Effective: July 1, 2025.
Errington
January 13, 2025, read first time and referred to Committee on Employment, Labor and
Pensions.
2025 IN 1300—LS 6040/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1300
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-2-20 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 20. Wage History and Wage Range Inquiries
5 Sec. 1. As used in this chapter, "department" refers to the
6 department of labor created by IC 22-1-1-1.
7 Sec. 2. As used in this chapter, "employer" means:
8 (1) an individual, a partnership, an association, a limited
9 liability company, a corporation, a business trust, the state, or
10 another governmental entity or political subdivision; or
11 (2) an agent of an individual or entity described in subdivision
12 (1).
13 Sec. 3. (a) As used in this section, "wage history" means the
14 wages paid to an applicant for employment by the applicant's
15 current employer or previous employers.
16 (b) Except as provided in subsection (c), it is an unlawful
17 employment practice for an employer to do any of the following:
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1 (1) Rely on the wage history of an applicant for employment
2 in considering an applicant for employment, including
3 requiring that the applicant's prior wages satisfy minimum or
4 maximum criteria as a condition of being hired for
5 employment.
6 (2) Rely on the wage history of an applicant for employment
7 in determining the wages of an applicant for employment to
8 be paid by the employer upon hire.
9 (3) Seek the wage history of an applicant for employment.
10 (c) After the employer makes an initial offer of employment
11 with an offer of compensation to an applicant for employment, an
12 employer may:
13 (1) rely on the wage history to support a wage higher than the
14 wage offered by the employer, if the wage history is
15 voluntarily provided by the applicant for employment without
16 prompting from the employer; and
17 (2) seek to confirm the wage history of the applicant for
18 employment to support a wage higher than the wage offered
19 by the employer when relying on the wage history as
20 permitted in subdivision (1).
21 (d) An employer may rely on the wage history under the
22 circumstances described in this section only to the extent that the
23 higher wage does not create an unlawful pay differential based on
24 a protected characteristic as provided in IC 22-2-2-4.
25 (e) An employer may not conduct a search of publicly available
26 records or reports for the purpose of obtaining an applicant's wage
27 history.
28 (f) An employer may not:
29 (1) refuse to:
30 (A) interview;
31 (B) hire;
32 (C) promote; or
33 (D) employ; or
34 (2) retaliate against;
35 an applicant for employment because the applicant did not provide
36 the employer with a wage history.
37 (g) This section may not be construed to prohibit an applicant
38 for employment from sharing a wage history with an employer
39 voluntarily and without prompting from the employer.
40 Sec. 4. (a) As used in this section, "wage range" means the
41 minimum and maximum wage for a position set in good faith by
42 reference to:
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1 (1) any applicable pay scale;
2 (2) the previously determined range of wages for the position;
3 (3) the actual range of wages for individuals currently holding
4 equivalent positions; or
5 (4) the budgeted amount for the position, if applicable.
6 The breadth of the wage range is one (1) factor relevant to the
7 analysis of whether the wage range has been set in good faith.
8 (b) It is an unlawful employment practice for an employer to do
9 any of the following:
10 (1) Fail or refuse to disclose in each public and internal
11 posting for a job, promotion, transfer, or other employment
12 opportunity the following:
13 (A) The wage or wage range for the position.
14 (B) A general description of the benefits and other
15 compensation offered for the position.
16 (2) Fail or refuse to provide an employee with the current
17 wage or wage range and a general description of the benefits
18 and other compensation offered for the position in which the
19 employee is employed upon the occurrence of any of the
20 following:
21 (A) Hire.
22 (B) Promotion.
23 (C) Transfer.
24 (D) The employee's request.
25 (c) An employer may not:
26 (1) refuse to:
27 (A) interview;
28 (B) hire;
29 (C) promote; or
30 (D) employ; or
31 (2) retaliate against;
32 an applicant for employment or an employee for exercising any
33 rights under this section.
34 Sec. 5. (a) An applicant for employment or employee may file a
35 complaint alleging a violation of this chapter with the department,
36 or the department on its own may initiate an investigation and file
37 a complaint alleging a violation of this chapter.
38 (b) If the department finds that an employer has violated this
39 chapter, the department may do the following:
40 (1) Issue a warning for the first violation.
41 (2) Impose a civil penalty of one hundred dollars ($100) for
42 the second violation.
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1 (3) Impose a civil penalty of five hundred dollars ($500) for
2 the third violation and each subsequent violation.
3 Sec. 6. All civil penalties collected under section 5 of this chapter
4 shall be deposited in the state general fund.
5 Sec. 7. (a) The department shall maintain a list of employers
6 that have four (4) or more violations under section 5 of this
7 chapter. The list must specify the number of violations committed
8 by an employer.
9 (b) Before January 1 of each year, the department shall provide
10 a copy of the list described in this section to the office of the chief
11 equity, inclusion, and opportunity officer.
12 (c) The office of the chief equity, inclusion, and opportunity
13 officer shall post the list described in this section on the equity data
14 portal.
15 Sec. 8. If an employer is found to have violated this chapter, the
16 employer shall notify its employees of the violation.
17 Sec. 9. (a) The department has the power to administer, carry
18 out, and enforce this chapter.
19 (b) The department may adopt rules under IC 4-22-2 to
20 implement this chapter.
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