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REFERENCE TITLE: wage disclosure; employee rights |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2414 |
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Introduced by Representatives Salman: Benally, Blanc, Chávez, Descheenie, Engel, Epstein, Fernandez, Friese, Gabaldón, Gonzales, Hernandez, Martinez, Navarrete, Powers Hannley, Rios, Rubalcava
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AN ACT
Amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; 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; definition
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 was voluntary.
4. Retaliate against an employee for asserting the employee's rights and remedies under this section.
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 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 records relating to the employee who was the subject of the violation.
E. For the purposes of this section, "wages":
1. Means nondiscretionary compensation due to an employee in return for labor or services rendered by an employee for which the employee has a reasonable expectation to be paid whether determined by a time, task, piece, commission or other method of calculation.
2. Includes sick pay, vacation pay, severance pay, commissions, bonuses and other amounts promised when the employer has a policy or practice of making such payments.