HB 200: "An Act relating to disclosure of employee compensation; and providing for an effective date."
00 HOUSE BILL NO. 200 01 "An Act relating to disclosure of employee compensation; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Wage Disclosure Act. 07 * Sec. 2. AS 18.80.220(a) is amended to read: 08 (a) Except as provided in (c) of this section, it is unlawful for 09 (1) an employer to refuse employment to a person, or to bar a person 10 from employment, or to discriminate against a person in compensation or in a term, 11 condition, or privilege of employment because of the person's race, religion, color, or 12 national origin, or because of the person's age, physical or mental disability, sex, 13 marital status, changes in marital status, pregnancy, or parenthood when the 14 reasonable demands of the position do not require distinction on the basis of age,
01 physical or mental disability, sex, marital status, changes in marital status, pregnancy, 02 or parenthood; 03 (2) a labor organization, because of a person's sex, marital status, 04 changes in marital status, pregnancy, parenthood, age, race, religion, physical or 05 mental disability, color, or national origin, to exclude or to expel a person from its 06 membership, or to discriminate in any way against one of its members or an employer 07 or an employee; 08 (3) an employer or employment agency to print or circulate or cause to 09 be printed or circulated a statement, advertisement, or publication, or to use a form of 10 application for employment or to make an inquiry in connection with prospective 11 employment, that expresses, directly or indirectly, a limitation, specification, or 12 discrimination as to sex, physical or mental disability, marital status, changes in 13 marital status, pregnancy, parenthood, age, race, creed, color, or national origin, or an 14 intent to make the limitation, unless based on [UPON] a bona fide occupational 15 qualification; 16 (4) an employer, labor organization, or employment agency to 17 discharge, expel, or otherwise discriminate against a person because the person has 18 opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the 19 person has filed a complaint, testified, or assisted in a proceeding under this chapter; 20 (5) an employer to discriminate in the payment of wages as between 21 the sexes, or to employ a female in an occupation in this state at a salary or wage rate 22 less than that paid to a male employee for work of comparable character or work in the 23 same operation, business, or type of work in the same locality; [OR] 24 (6) a person to print, publish, broadcast, or otherwise circulate a 25 statement, inquiry, or advertisement in connection with prospective employment that 26 expresses directly a limitation, specification, or discrimination as to sex, physical or 27 mental disability, marital status, changes in marital status, pregnancy, parenthood, age, 28 race, religion, color, or national origin, unless based on [UPON] a bona fide 29 occupational qualification; or 30 (7) an employer to 31 (A) use an employment applicant's past wages or benefits as
01 the basis for determining the applicant's future wages without the 02 applicant's voluntary consent; 03 (B) request from an employment applicant information 04 about the applicant's past wages or benefits. 05 * Sec. 3. AS 23.10 is amended by adding a new section to read: 06 Sec. 23.10.017. Disclosure of pay and benefits to job applicants. An 07 employer who publicly advertises a position of employment shall include in the 08 advertisement the monetary amount of the salary or range of salaries to be paid for the 09 position. In this section, "employee" and "employer" have the meanings given in 10 AS 23.10.430. 11 * Sec. 4. AS 23.10.430 is amended by adding a new subsection to read: 12 (d) An employee may inquire about and discuss the wages and benefits 13 provided to another person employed by the employee's employer and may assist or 14 encourage the person to exercise the person's rights under this subsection. Nothing in 15 this subsection creates an obligation for a person to disclose information about the 16 person's own wages or the wages of another. 17 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) AS 18.80.220(a), as amended by sec. 2 of this Act, and 20 AS 23.10.430(d), added by sec. 4 of this Act, apply to contracts made on or after July 1, 2020. 21 (b) AS 23.10.017, added by sec. 3 of this Act, applies to advertisements circulated on 22 or after July 1, 2020. 23 * Sec. 6. This Act takes effect July 1, 2020.