Exception to inquiring into pay history that is a matter of public record modified.

A bill for an act

relating to employment; modifying the exception to inquiring into pay history that

is a matter of public record; amending Minnesota Statutes 2024, section 363A.08,

subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 363A.08, subdivision 8, is amended to read:

Subd. 8.

Inquiries into pay history prohibited.

(a) "Pay history" as used in this

subdivision means any prior or current wage, salary, earnings, benefits, or any other

compensation about an applicant for employment.

(b) An employer, employment agency, or labor organization shall not inquire into,

consider, or require disclosure from any source the pay history of an applicant for

employment for the purpose of determining wages, salary, earnings, benefits, or other

compensation for that applicant.

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(c)
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The general prohibition against inquiring into the pay history of an applicant does

not apply if
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:
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(1)
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the job applicant's pay history is a matter of public record under federal or state law,

unless the employer, employment agency, or labor organization sought access to those

public records with the intent of obtaining pay history of the applicant for the purpose of

determining wages, salary, earnings, benefits, or other compensation for that applicant
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.
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; or

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(2) the job applicant's rate of pay is established under the terms of a collective bargaining

agreement between a public employer and a certified exclusive representative for public

employees.

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(c)
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(d)
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Nothing in this subdivision shall prevent an applicant for employment from

voluntarily and without asking, encouraging, or prompting disclosing pay history for the

purposes of negotiating wages, salary, benefits, or other compensation. If an applicant for

employment voluntarily and without asking, encouraging, or prompting discloses pay history

to a prospective employer, employment agency, or labor organization, nothing in this

subdivision shall prohibit that employer, employment agency, or labor organization from

considering or acting on that voluntarily disclosed salary history information to support a

wage or salary higher than initially offered by the employer, employment agency, or labor

organization.

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(d)
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(e)
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Nothing in this subdivision limits, prohibits, or prevents a person from bringing

a charge, grievance, or any other cause of action alleging wage discrimination because of

race, color, creed, religion, national origin, sex, gender identity, marital status, status with

regard to public assistance, familial status, membership or activity in a local commission,

disability, sexual orientation, or age, as otherwise provided in this chapter.

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(e)
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(f)
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Nothing in this subdivision shall be construed to prevent an employer from:

(1) providing information about the wages, benefits, compensation, or salary offered in

relation to a position; or

(2) inquiring about or otherwise engaging in discussions with an applicant about the

applicant's expectations or requests with respect to wages, salary, benefits, or other

compensation.