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An act to add Section 432.3 to the Labor Code, relating to employers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1017, 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 about an applicant for employment, except as otherwise provided. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.

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, orally or in writing, personally or through an agent, seek salary history information, including, but not limited to, compensation and benefits, about an applicant for employment.

(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.

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