04/16/2025 01:00 PM House JUDICIARY

             HB 156-DISCLOSURE OF WAGE INFORMATION                                                                          
                                                                                                                                
5:50:16 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
CHAIR GRAY  announced that the  final order of business  would be                                                               
HOUSE  BILL   NO.  156,  "An   Act  relating  to   disclosure  of                                                               
information   regarding  employee   compensation  by   employers,                                                               
employees, and applicants for employment."                                                                                      
                                                                                                                                
5:50:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA,  as prime  sponsor, presented  HB 156.   She                                                               
said the bill seeks to  improve Alaska's competitive labor market                                                               
and   strengthen  the   workforce  by   standardizing  fair   and                                                               
transparent  hiring practices.   Additionally,  it aims  to bring                                                               
Alaska  in   line  with  national  standards   by  promoting  pay                                                               
transparency  and ensuring  fair  compensation  practices in  the                                                               
workplace.  It supports both  employees and responsible employers                                                               
through clear, consistent, and equitable presentations.                                                                         
                                                                                                                                
5:51:48 PM                                                                                                                    
                                                                                                                                
MAKAYLA  WILSON,  Staff,  Representative Genevieve  Mina,  Alaska                                                               
State  Legislature,  on  behalf  of  Representative  Mina,  prime                                                               
sponsor of HB  97, presented the sectional  analysis [included in                                                               
the committee packet], which read as follows [original                                                                          
punctuation provided]:                                                                                                          
                                                                                                                                
     Sec.  1:  Amends  AS  23.10  Employment  Practices  and                                                                    
     Working Conditions  by adding Article 9.  Disclosure of                                                                    
     Employee Compensation and the following sections:                                                                          
     • Sec. 23.10.700. Disclosure of Discussion Wages:                                                                          
     (a)  Requires  job  postings to  include  a  salary  or                                                                    
     salary range.                                                                                                              
     (b) Allows applicants and  employees to discuss current                                                                    
     wage, prohibits employers  from asking applicants about                                                                    
     their salary history with another employer                                                                                 
     (c) Clarifies  that nothing  in this  section obligates                                                                    
     an   employee   or    applicant   to   disclose   their                                                                    
     compensation, prohibits  an employee or  applicant from                                                                    
     voluntarily disclosing,  or prohibits an  employer from                                                                    
     using information  that is voluntarily  disclosed under                                                                    
     this  subsection  when  determining the  salary  of  an                                                                    
     employee or applicant.                                                                                                     
     • Sec.  23.10.705 Posting Summary Required  requires an                                                                    
     employer  to post  information  summarizing the  bill's                                                                    
     provisions.                                                                                                                
     •  Sec. 23.10.710  Retaliation Prohibited  prohibits an                                                                    
     employer  from  retaliating  against  an  employee  for                                                                    
     exercising a right under the bill.                                                                                         
     •  Sec. 23.10.715  Damages  for  Retaliation allows  an                                                                    
     employee to file  a civil claim against  an employer if                                                                    
     the employer retaliates.                                                                                                   
     •  Sec.  23.10.720  Statute  of  Limitations  gives  an                                                                    
     employee  no more  than 3  years after  a violation  to                                                                    
     file a civil claim.                                                                                                        
     • Sec.  23.10.725 Penalty creates a  fine between $100-                                                                    
     $2000  for violations  and  directs  the Department  of                                                                    
     Labor   and  Workforce   Development  Commissioner   to                                                                    
     determine  the   amount.  An   employer  may,   at  the                                                                    
     discretion  of the  Commissioner,  reduce  the fine  or                                                                    
     correct the violation by conducting an audit.                                                                              
     •  Sec. 23.10.735  Regulations adds  language directing                                                                    
     the  Department  of  Labor  and  Workforce  Development                                                                    
     Commissioner to  implement and interpret this  bill and                                                                    
     adopt regulations accordingly.                                                                                             
     •  Sec.   23.10.790  Definitions   exempts  independent                                                                    
     contractors from the  definition of "employee." Defines                                                                    
     an "employer"  as the state, the  University of Alaska,                                                                    
     the   Alaska   Railroad    Corporation,   a   political                                                                    
     subdivision of the state, and  a person who employs one                                                                    
     or more employees.                                                                                                         
                                                                                                                                
     Sec.  2: Amends  the  uncodified law  of  the State  of                                                                    
     Alaska  by adding  a new  section specifying  that this                                                                    
     Act applies  to compensation for services  performed on                                                                    
     or after the effective date of this Act.                                                                                   
                                                                                                                                
5:54:35 PM                                                                                                                    
                                                                                                                                
DR.  MICHAEL WALSH,  Vice President  of Public  Policy, The  Four                                                               
Acre Group,  expressed support  for HB  156, explaining  that the                                                               
emerging data  could help  the Four Acre  Group's work  on gender                                                               
pay equity.   He  said the  bill would  help with  recruiting and                                                               
retaining Alaska workers across  all sectors of Alaska's economy.                                                               
He said  there is considerable  documented research  showing that                                                               
pay transparency  laws support all  workers in their  job search.                                                               
He said  Alaska would not be  the first state to  incorporate pay                                                               
transparency and  would not  want to  be the  last to  adopt this                                                               
commonsense  solution.   it  would  help  with   recruitment  and                                                               
retention of the workforce.                                                                                                     
                                                                                                                                
CHAIR GRAY asked which other states enacted similar laws.                                                                       
                                                                                                                                
MR.  WALSH  estimated   that  there  are  22   states  with  wage                                                               
transparency requirements.                                                                                                      
                                                                                                                                
5:59:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA   reiterated  that  HB  156   would  require                                                               
employers to  include salary  ranges in job  postings.   It would                                                               
protect workers' rights  by enshrining in state  law the National                                                               
Labor  Relations Act  (NLRA) provision  for  employees to  openly                                                               
discuss to  their compensation without  fear of  retaliation from                                                               
employers.    It  would  also   prohibit  employers  from  asking                                                               
applicants about their salary history.                                                                                          
                                                                                                                                
6:00:34 PM                                                                                                                    
                                                                                                                                
CHAIR GRAY announced that HB 156 was held over.