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VA HB636

VA HB636
Prospective employer; prohibited from seeking wage or salary history of prospective employees.


summary

Introduced
01/13/2026
In Committee
02/17/2026
Crossed Over
02/13/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill 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 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.

AI Summary

This bill prohibits employers from asking about or using a prospective employee's past wage or salary history when making hiring decisions or determining pay, and also requires employers to disclose the wage or salary range for all job postings, promotions, and transfers. "Wage or salary history" refers to what a previous employer paid an employee, while "wage or salary range" is the minimum and maximum pay for a position, which must be set in good faith based on factors like pay scales or budgeted amounts. Employers cannot retaliate against employees for not providing their wage history or for asking for a salary range, and they must also set salary ranges in good faith. If an employer violates these rules, they can be sued by the affected employee for damages between $1,000 and $10,000, or actual damages if greater, plus attorney fees and other legal relief. However, employees can voluntarily share their wage history to negotiate a higher salary after an offer, and employers can use this voluntarily provided history to offer more, as long as it doesn't create illegal pay disparities. For violations related to disclosing salary ranges, employees must first notify the employer, who then has 15 business days to correct the issue before a lawsuit can be filed.

Committee Categories

Business and Industry

Sponsors (21)

Last Action

Commerce and Labor Amendment - Commerce and Labor Amendment (on 02/24/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB636
Commerce and Labor Amendment https://lis.virginia.gov/bill-details/20261/HB636/text/HB636ASC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB636) https://lis.blob.core.windows.net/files/1139701.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB636/text/HB636H1
Subcommittee #2 Subcommittee Amendment https://lis.virginia.gov/bill-details/20261/HB636/text/HB636AHC2
Labor and Commerce Amendment https://lis.virginia.gov/bill-details/20261/HB636/text/HB636AHC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB636) https://lis.blob.core.windows.net/files/1105192.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB636/text/HB636
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