Virginia 2024 Regular Session

Virginia Senate Bill SB370

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/22/24  
Report Pass
1/31/24  
Engrossed
2/2/24  
Refer
2/13/24  
Report Pass
2/20/24  
Enrolled
2/28/24  

Caption

Employer seeking wage or salary history of prospective employees; prohibited.

Impact

The implementation of SB370 is poised to significantly alter workplace practices and employer-employee dynamics in Virginia. By barring employers from inquiring about past salary, the bill seeks to reduce wage disparities based on historical compensation. This may encourage a fairer hiring process and help to elevate wages particularly for marginalized groups who may have faced lower pay in their previous roles. Additionally, by mandating the disclosure of salary ranges, the bill enhances transparency, allowing candidates to make more informed decisions during their job search.

Summary

Senate Bill 370 prohibits employers from seeking the wage or salary history of prospective employees. This legislation aims to promote wage transparency and eliminate discriminatory pay practices that arise from relying on previous salary history. Under this bill, employers are required to disclose the salary range for positions, ensuring that candidates have clear expectations regarding compensation without the influence of their past earnings.

Sentiment

The sentiment around SB370 has been generally supportive among advocates of equal pay and employee rights, who argue that the legislation is a necessary step towards achieving wage equity. Proponents believe it empowers job candidates and helps level the playing field in hiring processes. Conversely, some business groups have raised concerns about potential administrative burdens, claiming it may limit employers' ability to negotiate pay effectively if they cannot consider prior salary history. This has led to a mixed reception in certain sectors, highlighting ongoing debates over pay structures.

Contention

While the bill has found favor among labor advocates, contention exists primarily regarding its enforcement mechanisms and the potential impact on hiring flexibility. Opponents argue that preventing inquiry into salary histories might hinder employers' ability to make fully informed hiring decisions. They express concerns that by enforcing strict penalties for violations, such as statutory damages of $1,000 to $10,000, it could inadvertently create a chilling effect on hiring practices, especially for small businesses which may struggle with compliance. Hence, the overall discussion reflects a tension between advancing employee rights and maintaining operational flexibility for employers.

Companion Bills

VA HB990

Similar To Employer seeking wage or salary history of prospective employees; prohibited.

Previously Filed As

VA SB1136

Wage or salary history of prospective employees; prohibition on employer seeking history.

VA HB2023

Wage or salary history inquiries prohibited; civil penalty.

VA HB1924

Minimum wage; employees with disabilities.

VA HB1988

Employment; paid sick leave, civil penalties.

VA SB1040

Employee's social security number; prohibited use by employer, civil penalty.

VA HB2116

Employment; restrictions on use of credit report for employment purposes.

VA SB792

COVID-19 immunization; prohibition on requirement, discrimination prohibited, civil penalty.

VA SB833

COVID-19 immunization; prohibition on requirement, discrimination prohibited, civil penalty.

VA HB1616

Workplace violence; policy required for certain employers, civil penalty.

VA HB2342

Background checks; employees of children and developmental services, adult substance abuse services.

Similar Bills

CA AB1695

Health facilities.

CA AB1899

Courts.

CA AB299

Hiring of real property: immigration or citizenship status.

CA AB1541

Examination of prospective jurors.

CA SB576

Jury commissioners: juror data collections and maintenance.

CA AB1736

Notification requirements.

MI SB0372

Housing: landlord and tenants; reuse of certain tenant screening reports; allow. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1e, 1f, 1g & 1h.

NJ S2236

Exempts nursing mothers from jury duty.