HB 326

            
2020 SESSION

20103827D

HOUSE BILL NO. 326


Offered January 8, 2020


Prefiled January 1, 2020

A BILL to amend the Code of Virginia by adding in Article 1 of 
 Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the wage 
 history of applicants for employment; prohibited actions; civil penalty.
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Patron-- Levine

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Referred to Committee on Labor and Commerce

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding in Article 
 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7 as follows:
 
 
� 40.1-28.7:7. Wage 
 history inquiries; civil penalty.
 
 
A. As used in 
 this section:
 
 
"Employer" includes 
 the Commonwealth and each of its agencies, institutions, and 
 political subdivisions.
 
 
"Wage history" 
 means information regarding the amount of wages that was paid or is 
 being paid to an applicant for employment by any current or 
 former employer of the applicant.
 
 
B. No employer 
 shall:
 
 
1. Refuse to 
 interview, hire, or employ an applicant for employment 
 because the applicant does not provide wage history;
 
 
2. Retaliate against an 
 applicant for employment because the applicant does not provide wage history; or
 
 
3. Rely on the 
 wage history of an applicant to determine the wages offered by the 
 employer to such individual.
 
 
C. Nothing 
 in this section shall prohibit an employer from asking an applicant 
 about the individuals wage or salary expectation for the 
 position for which the individual is applying.
 
 
D. An 
 applicant or current or former employee 
 aggrieved by a violation of this 
 section may bring a civil action for compensation for any damages sustained as 
 a result of such violation in a court of competent jurisdiction. Such 
 damages shall include the wages, and interest thereon at the 
 legal rate of interest, of which such applicant 
 or employee is deprived by reason of the violation. The court 
 may award injunctive relief as well as reasonable 
 attorney fees to an individual who prevails in a civil 
 action brought under this subsection.
 
 
E. Any 
 employer that violates the provisions of this section is subject to a civil penalty 
 not to exceed $100 for each violation. The Commissioner shall notify any 
 employer who he alleges has violated any provision of this section by certified 
 mail. Such notice shall contain a description of the alleged violation. Within 
 15 days of receipt of notice of the alleged violation, the employer may request 
 an informal conference regarding such violation with the Commissioner. In 
 determining the amount of any penalty to be imposed, the Commissioner shall 
 consider the size of the business of the employer charged and the gravity of 
 the violation. The decision of the Commissioner shall be final. Civil penalties 
 under this section shall be assessed by the Commissioner and paid to the 
 Literary Fund. The Commissioner shall prescribe procedures for the payment of 
 proposed penalties that are not contested by employers.