BILL NUMBER: AB 1017	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 18, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Campos
    (   Coauthors:   Assembly Members 
 Cristina Garcia   and Gonzalez   ) 

                        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  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  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: 
   (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.  
   (b) 
    (a)  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. 
   (c) 
    (b)  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.