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 informationbegin delete fromend deletebegin insert aboutend insert an applicant forbegin delete employment and from releasing the salary history of any current or former employee without written authorization from the current or former 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.end deletebegin insert
employment, except as otherwise provided.end insert The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 432.3 is added to the Labor Code, to
2read:
(a) An employer shallbegin delete not do either of the following:end delete
4begin delete(1)end deletebegin delete end deletebegin deleteOrallyend deletebegin insert not, orallyend insert or in writing, personally or through an
5agent, seek salary history information, including, but not limited
6to, compensation and benefits,begin delete fromend deletebegin insert
aboutend insert an applicant for
7begin delete employment for an interview or as a condition ofend delete employment.
8(2) Release the salary history of any current or former employee
9to any prospective employer in response to a request as part of an
10interview or hiring process without written authorization from the
11current or former
employee or without first obtaining certification
12from the prospective employer that the prospective employer has
13obtained written authorization from the current or former employee
14to disclose that information.
15(b) Section 433 does not apply to this section.
begin insert
16(c) This section shall not apply to salary history information
17disclosable to the public pursuant to federal or state law, including
18but not limited to, the California Public Records Act, Chapter 3.5
19(commencing with Section 6250) of Division 7 of Title 1 of the
20Government Code, or the federal Freedom of Information Act,
21Section 552 of Title 5 of the United States Code.
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