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 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 formerbegin delete employee. By imposing new prohibitions on employers, the violation of which would be a crime, this bill would impose a
state-mandated local program.end deletebegin insert employee or without first obtaining certification from the prospective employer that the prospective employer has obtained written authorization from the current or former employee to disclose that information. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.end insert
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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 432.3 is added to the Labor Code, to
2read:
begin insert(a)end insertbegin insert end insert An employer shall not dobegin delete anyend deletebegin insert eitherend insert of the
4following:
5(a)
end delete
6begin insert(end insertbegin insert1)end insert Orally or in writing, personally or through an agent, seek
7salary history information, including, but not limited to,
8compensation and benefits, from an applicant for employment for
9an interview or as a condition of employment.
10(b)
end delete
11begin insert(2)end insert Release the salary history of any current or former employee
12to any prospective employer in response to a request as part of an
13interview or hiring process without written authorization from the
14current or formerbegin delete employee.end deletebegin insert
employee or without first obtaining
15certification from the prospective employer that the prospective
16employer has obtained written authorization from the current or
17former employee to disclose that information.end insert
18(b) Section 433 does not apply to this section.
end insertNo reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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