Amended in Assembly May 18, 2015

Amended in Assembly April 16, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1017

Introduced by Assembly Member Campos

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(Coauthors: Assembly Members Cristina Garcia and Gonzalez)

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February 26, 2015

An act to add Section 432.3 to the Labor Code, relating to employers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1017, as amended, Campos. Employers.

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 begin delete an employer from publishing, listing, or posting an advertisement, as specified, to recruit candidates without including the minimum rate of pay, and from paying wages for less than what were advertised. The bill would also prohibit end delete an employer from seeking salary history information from an applicant for employment and from releasing the salary history of any current or former employee without written authorization from the current or former employee. By imposing new prohibitions on employers, the violation of which would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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.  

An employer shall not do any of the following:

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(a) Orally or in writing, personally or through an agent, publish,
list, or post, publicly or within the organization, or publish, list,
or post with any employment agency, job-listing service, or Internet
Web site, an advertisement to recruit candidates for hire or
independent contractors to fill a position within the organization,
without including the minimum rate of pay whether paid by the
hour, shift, day, week, salary, piece, commission, or other form of
pay, including overtime, with allowances, if any, claimed as part
of the minimum wage, including tip, meal, or lodging allowances.
In addition, an employer shall not pay wages for the position for
less than what were advertised.

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(b)

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begin insert (a) end insert  Orally or in writing, personally or through an agent, seek
salary history information, including, but not limited to,
compensation and benefits, from an applicant for employment for
an interview or as a condition of employment.

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(c)

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begin insert (b) end insert  Release the salary history of any current or former employee
to any prospective employer in response to a request as part of an
interview or hiring process without written authorization from the
current or former employee.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.