BILL NUMBER: AB 1017	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2015
	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   about  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 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.   employment, except as
otherwise provided.  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 1.  Section 432.3 is added to the Labor Code, to read:
   432.3.  (a) An employer shall  not do either of the
following: 
    (1)     Orally
  not, orally  or in writing, personally or through
an agent, seek salary history information, including, but not
limited to, compensation and benefits,  from  
about  an applicant for  employment for an interview or
as a condition of  employment. 
   (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 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. 
   (c) This section shall not apply to salary history information
disclosable to the public pursuant to federal or state law, including
but not limited to, the California Public Records Act, Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code, or the federal Freedom of Information Act, Section
552 of Title 5 of the United States Code.