Wage or salary history inquiries; prohibited, civil penalty.
Summary
Wage or salary history inquiries prohibited; civil penalty. 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 provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. 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. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. The bill has a delayed effective date of July 1, 2023.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Feb 2022
House of Delegates Passage
Governor
Introduced Jan 11, 2022
Last action Mar 8, 2022
Floor votes · Senate Feb 11, 2022
How they voted
20–19
Passed · 1 other
Total votes 40
Feb 11, 2022
D
Democratic21
95% Yea
R
Republican19
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
20
Key actions
6
Committee
8
Amendments
2
Feb 24, 2022
Lower · Passed
Subcommittee recommends laying on the table (6-Y 4-N)
lower
Feb 23, 2022
Committee
Assigned sub: Subcommittee #2
lower
Feb 22, 2022
Committee
Referred to Committee on Commerce and Energy
lower
Feb 11, 2022
Upper · Passed
Read third time and passed Senate (20-Y 19-N)
upper
Feb 10, 2022
Upper · Passed
Passed by for the day
upper
Feb 9, 2022
Introduced
Engrossed by Senate as amended SB447E
upper
Feb 9, 2022
Upper · Passed
Committee amendments agreed to
upper
Feb 9, 2022
Introduced
Reading of amendments waived
upper
Feb 7, 2022
Upper · Passed
Reported from Commerce and Labor with amendments (12-Y 3-N)
upper
Jan 31, 2022
Upper · Passed
Senate subcommittee amendments and substitutes offered
upper
Jan 28, 2022
Committee
Assigned C&L sub: Labor and Employment
upper
Jan 11, 2022
Committee
Referred to Committee on Commerce and Labor
upper
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22104096D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jennifer Boysko
DDemocratic
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