HB636 • 2026

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Maldonado
Last action: 2026-04-22
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action.

What This Bill Does

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 considering the prospective employee for employment; (iii) 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; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (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; and (vi) failing to set a wage or salary range in good faith.
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 incorporates HB 1164 and is identical to SB 215.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB636G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB636) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110421D) be accepted.

(HB636) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110421D) be accepted.

HB636AHC1

2026-02-05

Labor and Commerce Amendment

Plain English: OFFERED FOR CONSIDERATION 2/05/2026 HB 636 SUBCOMMITTEE 1.

OFFERED FOR CONSIDERATION 2/05/2026 HB 636 SUBCOMMITTEE 1.
Line 51, introduced, after occurred.
insert However, for any action that may be brought for an alleged violation of subdivision B 5 or 6, the prospective employee shall first notify the employer in writing of the alleged violation.
No action for a violation of either such subdivision shall be brought if the employer corrects the alleged violation within 15 business days after receipt of such notice.

HB636AHC2

2026-02-06 • Committee

Subcommittee #2 Subcommittee Amendment

Plain English: 2/06/2026 HB 636 SUBCOMMITTEE 1.

2/06/2026 HB 636 SUBCOMMITTEE 1.
Line 51, introduced, after occurred.
insert However, for any action that may be brought for an alleged violation of subdivision B 5 or 6, the prospective employee shall first notify the employer in writing of the alleged violation.
No action for a violation of either such subdivision shall be brought if the employer corrects the alleged violation within 15 business days after receipt of such notice.

HB636H2

2026-04-14 • Governor

Governor Substitute

Plain English: 2026 SESSION HOUSE SUBSTITUTE 26110421D HOUSE BILL NO.

2026 SESSION HOUSE SUBSTITUTE 26110421D HOUSE BILL NO.
636 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 13, 2026) (Patrons Prior to Substitute—Delegates Maldonado and Cole, N.T.
[HB 1164]) A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12 , relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty.
Be it enacted by the General Assembly of Virginia: 1.

HB636ASC1

2026-02-23 • Committee

Commerce and Labor Amendment

Plain English: OFFERED FOR CONSIDERATION 2/23/2026 HB 636 COMMERCE AND LABOR 1.

OFFERED FOR CONSIDERATION 2/23/2026 HB 636 COMMERCE AND LABOR 1.
Line 49, engrossed, after However, strike the remainder of line 49, all of lines 50 and 51, and through notice on line 52 insert an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action.
Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6.
If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section.

HB636ASC2

2026-03-02 • Committee

Commerce and Labor Amendment

Plain English: OFFERED FOR CONSIDERATION 3/02/2026 HB 636 COMMERCE AND LABOR 1.

OFFERED FOR CONSIDERATION 3/02/2026 HB 636 COMMERCE AND LABOR 1.
Line 49, engrossed, after However, strike the remainder of line 49, all of lines 50 and 51, and through notice on line 52 insert an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action.
Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6.
If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section.

HB636AS1

2026-03-03 • Committee

Commerce and Labor Amendment

Plain English: 3/03/2026 (HB636) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.

3/03/2026 (HB636) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.
Line 49, engrossed, after However, strike the remainder of line 49, all of lines 50 and 51, and through notice on line 52 insert an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action.
Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6.
If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section.

HB636EDOC

2026-03-05 • Senate

Senate Amendment

Plain English: 3/05/2026 (HB636) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.

3/05/2026 (HB636) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.
Line 49, engrossed, after However, strike the remainder of line 49, all of lines 50 and 51, and through notice on line 52 insert an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action.
Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6.
If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section.

Bill History

2026-04-22 Governor
Governor's recommendation adopted
2026-04-22 House
Signed by Speaker
2026-04-22 Senate
Signed by President
2026-04-22 Governor
Approved by Governor-Chapter 1063 (effective 7/1/2026)
2026-04-22 House
Reenrolled
2026-04-22 House
Reenrolled bill text (HB636ER2)
2026-04-22 Governor
Acts of Assembly Chapter text (CHAP1063)
2026-04-22 House
House concurred in Governor's recommendation (66-Y 33-N 0-A)
2026-04-22 Senate
Senate concurred in Governor's recommendation (21-Y 18-N 0-A)
2026-04-13 Governor
Governor's recommendation received by House
2026-03-25 House
Enrolled Bill communicated to Governor on March 25, 2026
2026-03-25 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-16 House
Fiscal Impact Statement from Department of Planning and Budget (HB636)
2026-03-14 House
Signed by Speaker
2026-03-14 Senate
Signed by President
2026-03-14 House
Enrolled
2026-03-14 House
Bill text as passed House and Senate (HB636ER)
2026-03-09 House
Senate amendment agreed to by House (63-Y 34-N 0-A)
2026-03-05 Senate
Read third time
2026-03-05 Senate
Engrossed by Senate as amended
2026-03-05 Senate
Engrossed by Senate as amended
2026-03-05 Commerce and Labor
Commerce and Labor Amendment agreed to
2026-03-05 Senate
Passed Senate with amendment (20-Y 19-N 0-A)
2026-03-04 Senate
Rules suspended
2026-03-04 Senate
Rules suspended
2026-03-04 Senate
Passed by for the day
2026-03-04 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)
2026-03-04 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-02 Commerce and Labor
Reported from Commerce and Labor with amendment (8-Y 6-N)
2026-03-02 Senate
Senate committee offered
2026-02-23 Senate
Senate committee offered
2026-02-17 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-17 Commerce and Labor
Referred to Committee on Commerce and Labor
2026-02-16 House
Read third time and passed House (65-Y 33-N 0-A)
2026-02-13 House
Read second time
2026-02-13 House
committee substitute agreed to
2026-02-13 House
Engrossed by House - committee substitute
2026-02-12 House
Read first time
2026-02-11 Labor and Commerce
Fiscal Impact Statement from Department of Planning and Budget (HB636)
2026-02-10 Labor and Commerce
Reported from Labor and Commerce with substitute (16-Y 6-N)
2026-02-10 House
Incorporates HB1164 (Cole, N.T.)
2026-02-10 Labor and Commerce
Committee substitute printed 26106771D-H1
2026-02-05 Subcommittee #2
Subcommittee recommends reporting with amendment(s) (4-Y 2-N)
2026-02-05 Subcommittee #2
House subcommittee offered
2026-01-30 House
Fiscal Impact Statement from Department of Planning and Budget (HB636)
2026-01-20 Subcommittee #2
Assigned HCL sub: Subcommittee #2
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26102232D
2026-01-13 Labor and Commerce
Referred to Committee on Labor and Commerce

Official Summary Text

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 considering the prospective employee for employment; (iii) 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; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (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; and (vi) failing to set a wage or salary range in good faith. 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 incorporates HB 1164 and is identical to SB 215.

Current Bill Text

Read the full stored bill text

An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
, relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
as follows:
§
40.1-28.7:12
. Seeking wage or salary history of prospective employees prohibited; wage or salary range transparency; cause of action; civil penalty.
A. 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 range for the position, the actual range of wages or salaries for persons currently holding equivalent positions, or the budgeted amount available for the position, as applicable.
B. No employer shall:
1. Seek the wage or salary history of a prospective employee;
2. Rely on the wage or salary history of a prospective employee in considering the prospective employee for employment;
3. Except as provided in subsection D, rely 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;
4. 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;
5. 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; or
6. Fail to set a wage or salary range in good faith. 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.
C. 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.
D. If a prospective employee voluntarily provides his wage or salary history to an employer without the employer's prompting, then (i) the employer may rely on such wage or salary history to support a wage or salary higher than the employer's initial offer of compensation only to the extent that the higher wage or salary does not violate the provisions 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 violate the provisions of §
40.1-28.6
or federal law.
E. The Attorney General may bring a civil action to enforce the provisions of this section. An employer that violates the provisions of this section shall be subject to a civil penalty of up to $1,000 for the first violation and up to $5,000 for any subsequent violation. The court may award any other legal and equitable relief it deems appropriate. Any civil penalties assessed under this subsection shall be paid into the general fund.
F. An aggrieved prospective employee or employee may bring an action in a court of competent jurisdiction within one year of when the prospective employee's or employee's rights under subsection B were violated. However, an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action. Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6. If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section. If the employer corrects the posting on the original posting locations within 15 business days of receiving such notice, no action for a violation of subdivision B 5 or 6 shall be brought. An employer that violates the provisions of this section shall be liable to the prospective employee or employee for actual damages and any other legal and equitable relief as the court deems appropriate.