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 BillNo. 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 prohibitbegin 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 prohibitend 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:

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SECTION 1.  

Section 432.3 is added to the Labor Code, to
2read:

3

432.3.  

An employer shall not do any of the following:

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4(a) Orally or in writing, personally or through an agent, publish,
5list, or post, publicly or within the organization, or publish, list,
6or post with any employment agency, job-listing service, or Internet
7Web site, an advertisement to recruit candidates for hire or
8independent contractors to fill a position within the organization,
9without including the minimum rate of pay whether paid by the
10hour, shift, day, week, salary, piece, commission, or other form of
11pay, including overtime, with allowances, if any, claimed as part
12of the minimum wage, including tip, meal, or lodging allowances.
13In addition, an employer shall not pay wages for the position for
14less than what were advertised.

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15(b)

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16begin insert(a)end insert Orally or in writing, personally or through an agent, seek
17salary history information, including, but not limited to,
18compensation and benefits, from an applicant for employment for
19an interview or as a condition of employment.

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20(c)

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21begin insert(b)end insert Release the salary history of any current or former employee
22to any prospective employer in response to a request as part of an
23interview or hiring process without written authorization from the
24current or former employee.

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SEC. 2.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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