BILL NUMBER: AB 1017	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2015
	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 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.
  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. 

   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   no  .



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.   (a)    An employer shall not do
 any   either  of the following: 
   (a) 
    (   1)  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. 

   (b) 
    (2)  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.   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.  
   (b) Section 433 does not apply to this section.  
  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.