Virginia 2024 Regular Session Status: Enacted

SB 370 — Employer seeking wage or salary history of prospective employees; prohibited.

Last action — Requires 2/3 members present

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 02, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 990.

Bill Text

What changed in the latest version

50 added · 49 removed

Plain-language change summary

The updated version of Bill SB 370 includes new language that specifically prohibits employers from seeking the wage or salary history of job applicants. This means that potential employees cannot be pressured to disclose past earnings when applying for a new position. Additionally, the bill emphasizes the importance of wage or salary range transparency, requiring employers to provide clear information about how much a position pays. This change is significant because it aims to prevent wage discrimination and promote fair pay practices in the hiring process.

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SESSION SENATE SUBSTITUTE 24106636D SENATE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section prospective employees;
370 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Finance and Appropriations on January 31, 2024) (Patron Prior to Substitute––Senator Boysko) A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section prospective employees;
cause of action.lary history of Be it enacted by the General Assembly of Virginia:
cause of action.lary history of R O [S 370] L Approved L Be it enacted by the General Assembly of Virginia:
1.
E 1.
That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11 as follows:
That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a D sec§ 40.1-28.7:11.
§ 40.1-28.7:11.
wage or salary ranA.
wage or salary range transparency;
As used in this section:ction.
cause of action.
S "Wage or salary history" means the wage or salary paid to the prospective employee by the prospective employee's current or previous employer.
A.
E "Wage or salary range" means the minimum and maximum wage or salary for the position, set in good faith by reference to any applicable pay scale, any previously determined wage or salary range for the position, the actual range of wages or salaries for persons currently holding equivalent positions, or theB.
As used in this section:
"Wage or salary history" means the wage or salary paid to the prospective employee by the prospective employee's current or previous employer.
"Wage or salary range" means the minimum and maximum wage or salary for the position, set in good faith by reference to any applicable pay scale, any previously determined wage or salary rBnge for the position, the actual range of wages or salaries for persons currently holding equivalent po7itions, or theB.
A 1.
E 1.
T 2.
R 2.
E 3.
3.
current employee for not providing wage or salary history or requesting a wage or salary range;ve or 5.
4.
Fail or refuse to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range for the position;
Refuse to interview, hire, employ, or promote, or otherwise retaliate against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range;
or U 6.
other employment opportunity the wage, salary, or wage or salary range for the position;
orn, transfer, or 6.
Any analysis of whether the wage or salBry range has been set in good faith shall consider, among other things, the breadth of such wage or salary ranC.
Any analysis of whether the wage or salary range has been set in good faith shall consider, among other things, the breadth of such wage or salary range.
The provisions of subsection B shall not be construed to prevent a prospective employee from voluntarily disclosing wage or salary history, including for the purpose of negotiating wages or salary :
C.
36 after an initial offer of employment with an offer of compensation.
The provisions of subsection B shall not be construed to prevent a prospective employee from voluntarily disclosing wage or salary history, including for the purpose of negotiating wages or salary after an initial offer of employment with an offer of compensation.
37 D.
D.
If a prospective employee voluntarily provides his wage or salary history to an employer without 38 the employer's prompting, then (i) the employer may rely on such wage or salary history to suppTrt a 39 wage or salary higher than the employer's initial offer of compensation only to the extent thatUthe higher and (ii) the employer may seek to confirm the wage or salary history of the prospective employee tolaw support a wage or salary higher than the wage or salary offered by the employer only to the extent that the higher wage or salary does not create an unlawful pay differential in violation of § 40.1-2E.6 or federal law.
If a prospective employee voluntarily provides his wage or salary history to an employer without wage or salary higher than the employer's initial offer of compensation only to the extent that the higher wage or salary does not create an unlawful pay differential in violation of § 40.1-28.6 or federal law and (ii) the employer may seek to confirm the wage or salary history of the prospective employee to support a wage or salary higher than the wage or salary offered by the employer only to the extent that the higher wage or salary does not create an unlawful pay differential in violation of § 40.1-28.6 or federal law.
An employer that violates the provisions of this section shall be liable to the prospective employee or actual damages, whichever is greater;
An employer that violates the provisions of this section shall be liable to the prospective employee or employee who was the subject of such violation for statutory damages between $1,000 and $10,000 equitable relief as may be appropriate.
reasonable attorney fees and costs;
An aggrieved prospective employee or employee may bring annd action, individually, jointly with other aggrieved prospective employees or employees, or on behalf of similarly situated prospective employees or employees as a collective action against the employer in a court of competent jurisdiction within two years of when the prohibited action occurred.
and any other legal and equitable relief as may be appropriate.
For the purpose of this section, a prohibited action occurs when (i) a prohibited wage or salary decision or practice is adopted;
An aggrieved prospective employee or employee may bring an action, individually, jointly with other aggrieved prospective employees or employees, or on behalf of similarly situated prospective employees or employees as a collective action against the employer in a court of competent jurisdiction within two years of when the prohibited action occurred.
(ii) an individual is subject to a prohibited wage or salary decision or practice;
For thS purpose of this section, a prohibited action occurs when (i) a prohibited wage or salary decisi3n or (iii) an individual is affected by the application of a prohibited wage or salary decision or practice, or including each time wages or salaries paid result, in whole or in part, from a prohibited wage or salary decision or practice.
or (iii) an individual is affected by the application of a prohibited wage or salary decision or practice, including each time wages or salaries paid result, in whole or in part, from a prohibited wage or salary decision or practice.
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Action History

  1. Requires 2/3 members present

  2. Passed in enrolled form rejected (21-Y 19-N)

  3. Vetoed by Governor

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill Communicated to Governor on March 11, 2024

  6. Signed by President

  7. Signed by Speaker

  8. Impact statement from DPB (SB370ER)

  9. Bill text as passed Senate and House (SB370ER)

  10. Enrolled

  11. VOTE: Passage (50-Y 48-N)

  12. Passed House (50-Y 48-N)

  13. Read third time

  14. Read second time

  15. Reported from Labor and Commerce (12-Y 10-N)

  16. Referred to Committee on Labor and Commerce

  17. Read first time

  18. Placed on Calendar

  19. Read third time and passed Senate (21-Y 19-N)

  20. Engrossed by Senate - committee substitute SB370S1

  21. Committee substitute agreed to 24106636D-S1

  22. Reading of substitute waived

  23. Committee amendment rejected

  24. Read second time

  25. Impact statement from DPB (SB370S1)

  26. Constitutional reading dispensed (40-Y 0-N)

  27. Committee substitute printed 24106636D-S1

  28. Reported from Finance and Appropriations with substitute (10-Y 5-N)

  29. Senate committee, floor amendments and substitutes offered

  30. Senate committee, floor amendments and substitutes offered

  31. Rereferred to Finance and Appropriations

  32. Reported from Commerce and Labor with amendment (9-Y 6-N)

  33. Referred to Committee on Commerce and Labor

  34. Prefiled and ordered printed; offered 01/10/24 24102913D

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 143 not signed on · 67 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed in enrolled form rejected (21-Y 19-N)

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Nay
Christopher T. Head — Nay
Danica A. Roem — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Nay
Glen H. Sturtevant, Jr. — Nay
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Nay
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Russet Perry — Yea
Ryan T. McDougle — Nay
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Nay
Tammy Brankley Mulchi — Nay
Tara A. Durant — Nay
Timmy French — Nay
Todd E. Pillion — Nay
William M. Stanley, Jr. — Nay

Official roll call →

VOTE: Passage (50-Y 48-N)

Passed 49 Yea · 48 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 494802
Total 494802
% of votes cast 49%48%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Not Voting
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Not Voting
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Reported from Labor and Commerce (12-Y 10-N)

Passed 12 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 121000
Total 121000
% of votes cast 55%45%0%0%
How each member voted (22)
Member Party Vote
Alfonso H. Lopez — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Dan I. Helmer — Yea
Gilbert, C. Todd — Nay
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
LeVere Bolling, Destiny — Yea
Maldonado, Michelle Lopes — Yea
Marshall, Daniel W., III — Nay
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mundon King, Candi — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Nay
Tony O. Wilt — Nay
Wren M. Williams — Nay

Official roll call →

Read third time and passed Senate (21-Y 19-N)

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Nay
Christopher T. Head — Nay
Danica A. Roem — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Nay
Glen H. Sturtevant, Jr. — Nay
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Nay
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Russet Perry — Yea
Ryan T. McDougle — Nay
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Nay
Tammy Brankley Mulchi — Nay
Tara A. Durant — Nay
Timmy French — Nay
Todd E. Pillion — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations with substitute (10-Y 5-N)

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10500
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
Barbara A. Favola — Yea
Bryce E. Reeves — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
Todd E. Pillion — Nay

Official roll call →

Reported from Commerce and Labor with amendment (9-Y 6-N)

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
R. Creigh Deeds — Yea
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does SB 370 do?
Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 990.
Who sponsors SB 370?
SB 370 is sponsored by Jennifer B. Boysko, Saddam Azlan Salim, Scott A. Surovell, Lashrecse D. Aird, and Irene Shin.
What is the current status of SB 370?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 370?
Track SB 370 free on One Click Politics — get push/email alerts when it moves.

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