Tennessee 2023-2024 Regular Session

Tennessee Senate Bill SB0383

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8 and Title 50, relative to employment.

Impact

If enacted, SB0383 would reshuffle existing employment laws within several titles of the Tennessee Code, particularly those related to labor and workforce development. It empowers employees with the right to seek civil action against employers who violate these confidentiality provisions, thus encouraging more equitable hiring practices. Employers found guilty of infringing this law could face civil penalties including the payment of back-pay and attorney fees for affected employees. This legislation is expected to encourage transparency in wage information, thereby aligning compensation more closely with industry standards.

Summary

Senate Bill 383 (SB0383) introduces significant amendments to the Tennessee Code Annotated focusing on employment practices. It explicitly prohibits employers from asking prospective employees about their compensation history, as well as utilizing this information in setting their wages. This provision aims to reduce wage disparities and ensure that salaries are determined based on current market rates rather than historical pay, which may have been influenced by discriminatory practices. The bill also includes provisions against retaliation for employees who decline to disclose their wage history or discuss their wage rates openly.

Contention

Debate around SB0383 may revolve around concerns from business groups regarding the practicality of enforcing such prohibitions. Critics could argue that restricting inquiries into compensation history may lead to unintended consequences for both businesses and employees, such as prolonged hiring processes and challenges in setting competitive wages. Proponents of the bill, however, advocate for its potential to dismantle systemic inequities in pay and urge that the measure is a necessary step toward achieving fairer employment practices across Tennessee.

Companion Bills

TN HB0417

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8 and Title 50, relative to employment.

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