SB 370

Abstract

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 990.

Prohibiting employer seeking wage or salaryhistory of prospective employees; wage or salary range transparency;cause of action; civil penalty. Prohibits a prospective employerfrom (i) seeking the wage or salary history of a prospective employee;(ii) relying on the wage or salary history of a prospective employeein determining the wages or salary the prospective employee is tobe paid upon hire; (iii) relying on the wage or salary history ofa prospective employee in considering the prospective employee foremployment; (iv) refusing to interview, hire, employ, or promotea prospective employee or otherwise retaliating against a prospectiveemployee for not providing wage or salary history; and (v) failingor refusing to disclose in each public and internal posting for eachjob, promotion, transfer, or other employment opportunity the wage,salary, or wage or salary range. The bill establishes a cause ofaction for an aggrieved prospective employee or employee and providesthat an employer that violates such prohibitions is liable to theaggrieved prospective employee or employee for statutory damagesbetween $1,000 and $10,000 or actual damages, whichever is greater,reasonable attorney fees and costs, and any other legal and equitablerelief as may be appropriate. The bill also provides for civil penaltiesfor violations not to exceed $1,000 for a first violation, $2,000for a second violation, and $4,000 for a third or subsequent violation.