CSHB 156(L&C): "An Act relating to disclosure of information regarding employee compensation by employers, employees, and applicants for employment."
00 CS FOR HOUSE BILL NO. 156(L&C) 01 "An Act relating to disclosure of information regarding employee compensation by 02 employers, employees, and applicants for employment." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.10 is amended by adding new sections to read: 05 Article 9. Disclosure of Employee Compensation. 06 Sec. 23.10.700. Disclosure or discussion of wages. (a) An employer who 07 publishes a notice, advertisement, or other solicitation for employment shall include in 08 the notice, advertisement, or other solicitation a description of the compensation, 09 including the salary or range of salaries, for the position. 10 (b) An employer may not 11 (1) prohibit an employee or applicant for employment from disclosing 12 the employee's or applicant's compensation or discussing or asking about the 13 compensation of another; 14 (2) ask an applicant for employment about compensation the applicant
01 may have received from another employer; or 02 (3) prohibit an employee or applicant for employment from helping or 03 encouraging another individual to exercise a right under this subsection. 04 (c) Nothing in this section 05 (1) creates an obligation for an employee or applicant for employment 06 to disclose information about the employee's or applicant's compensation or the 07 compensation of another; 08 (2) prohibits an employee or applicant for employment from 09 voluntarily disclosing to an employer information about the employee's or applicant's 10 compensation; 11 (3) prohibits an employer from considering or relying on information 12 disclosed under (2) of this subsection when determining the compensation of an 13 employee or applicant for employment; 14 (4) requires an employer to disclose the compensation of any 15 individual employee, unless otherwise required by law. 16 Sec. 23.10.705. Posting summary required. An employer subject to 17 AS 23.10.700 - 23.10.740 shall keep a summary of the requirements in AS 23.10.700 - 18 23.10.740 approved by the commissioner and post the summary in a conspicuous 19 location at a place where an employee is employed. Upon request, the commissioner 20 shall provide a copy of the summary to an employer without charge. 21 Sec. 23.10.710. Retaliation prohibited. An employer may not discharge, 22 discipline, threaten, discriminate against, or penalize an employee for exercising a 23 right under AS 23.10.700 - 23.10.740 or participating in or benefitting from a 24 complaint, claim, trial, or agreement resulting from an alleged violation of 25 AS 23.10.700 - 23.10.740. 26 Sec. 23.10.715. Damages for retaliation. An employee who has been 27 discharged, disciplined, threatened, discriminated against, or penalized in violation of 28 AS 23.10.710 may file a civil claim against the employer for damages, including 29 reinstatement and lost wages. 30 Sec. 23.10.720. Statute of limitations. An action under AS 23.10.715 may be 31 filed not later than three years after the injury to the aggrieved employee last occurs.
01 Sec. 23.10.725. Regulations. The commissioner shall adopt regulations under 02 AS 44.62 (Administrative Procedure Act) to implement and interpret AS 23.10.700 - 03 23.10.740. 04 Sec. 23.10.740. Definitions. In AS 23.10.700 - 23.10.740, 05 (1) "employee" means a natural person, other than an independent 06 contractor, in the service of an employer; 07 (2) "employer" means the state, the University of Alaska, the Alaska 08 Railroad Corporation, a political subdivision of the state, and a person who employs 09 one or more employees. 10 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. This Act applies to compensation for services performed on or 13 after the effective date of this Act.