REFERENCE TITLE: wage disclosure; employee rights
State of Arizona
House of Representatives
First Regular Session
Representatives Salman: Bolding, Cano, DeGrazia, Friese, Hernandez A, Hernandez M, Longdon, Powers Hannley, Rodriguez, Stahl Hamilton, Teller, Terán, Tsosie, Senator Mendez
Amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; amending section 23-341, Arizona Revised Statutes; amending title 41, chapter 9, article 4, Arizona Revised Statutes, by adding section 41-1469; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Wage disclosure; protection; prohibitions; civil action
A. An employer may not:
1. Require nondisclosure by an employee regarding the employee's wage information as a condition of employment.
2. Require an employee to sign a waiver or other document that denies the employee the right to disclose the employee's wage information.
3. Take any adverse employment action against an employee for disclosing the employee's wages or discussing another employee's wages if the discussion is voluntary.
4. Retaliate against an employee for asserting the employee's rights and remedies under this section.
5. Inquire about a prospective employee's wage or salary history before negotiating with and making to the prospective employee an offer of employment with compensation, unless the prospective employee voluntarily discloses this information.
B. This section does not:
1. Create an obligation for an employer or employee to disclose wage information.
2. Allow an employee, without the written consent of the employer, to disclose proprietary information, trade secret information or other information that is otherwise subject to legal privilege or protected by law.
3. Diminish any existing rights under the national labor relations act (49 Stat. 449; 29 United States code sections 151 through 169).
4. Allow an employee to disclose the wage information of other employees to a competitor of the employer.
C. An employer that provides an employee handbook to its employees shall include in the employee handbook notice of the employee's rights and remedies under this section.
D. If an employer violates subsection A of this section, the employee may file a civil action against the employer. The court may order reinstatement, recovery of unpaid wages, restoration of lost service credits, if appropriate, and expungement of any related adverse record relating to the employee who is the subject of the violation.
Sec. 2. Section 23-341, Arizona Revised Statutes, is amended to read:
23-341. Equal wage rates; variations; penalties; enforcement
A. Notwithstanding the other provisions of this chapter, no an employer shall not pay any person in his the employer's employ at wage rates that are less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work. , provided, that nothing herein shall This section does not prohibit a variation of rates of pay for male and female employees who are engaged in the same classification of work based upon on a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of a specified weight, or any other reasonable differentiation, or factor or factors other than sex, when if exercised in good faith.
B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such the employee is deprived by reason of such the violation.
C. Any affected employee may register with the commission a complaint that the wages paid to such the employee are less than the wages to which such the employee is entitled under this section.
D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.
E. Any employee receiving less than the wage to which such the employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage.
F. Any action based upon on or arising under this section shall be instituted within six months one year after the date of that the employee knows or should have known of the alleged violation, but in no event shall any an employer be is not liable for any pay due under this section for more than thirty days prior to before receipt by the employer of a written notice of claim thereof of violation from the employee.
G. The burden of proof shall be upon is on the person bringing the claim to establish that the differentiation in rate of pay is based upon on the factor of sex and not upon on any other differences, difference or factor or factors.
H. In any action alleging a violation of this section, an employer may not use an employee's prior wage or salary history as a defense to the action.
Sec. 3. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41-1469, to read:
41-1469. Wage or salary discrimination; use of history prohibited
Sec. 4. Short title
This act may be cited as the "Wage Antidiscrimination Act".