VirginiaHB6362026 Regular SessionHouseWALLET

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

Sponsored By: Michelle Lopes Maldonado (Democratic)

Became Law

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 and is identical to SB 215.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Employers cannot ask your past pay

Virginia employers cannot ask for or use your wage or salary history. They cannot use past pay to decide whether to hire you or to set your starting pay. They cannot refuse to interview, hire, promote, or retaliate because you will not share past pay or because you ask for the pay range. If you share your past pay on your own after an initial offer, they may confirm it only to raise the offer, and only if allowed by other wage laws.

Job posts must show pay range

Employers must list the wage, salary, or a pay range in every public and internal posting. This applies to jobs, promotions, transfers, and other openings. Employers must set the posted range in good faith. The law can look at how wide the range is to judge if it is honest.

Enforcement, fines, and your right to sue

The Attorney General can sue employers who break these rules. Courts can fine employers up to $1,000 for a first violation and up to $5,000 for later ones, and can order other relief. You have one year to sue for violations and can seek your actual damages and other relief. For posting or good‑faith pay range violations, anyone can give written notice; if the employer fixes the original posting within 15 business days, you cannot sue over that posting.

Sponsors & Cosponsors

Sponsor

  • Michelle Lopes Maldonado

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 302 • No: 151

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 66 • No: 33

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote 3/9/2026

Senate amendment agreed to by House

Yes: 63 • No: 34

Senate vote 3/5/2026

Commerce and Labor Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/5/2026

Passed Senate with amendment

Yes: 20 • No: 19

Senate vote 3/4/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/4/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/2/2026

Reported from Commerce and Labor with amendment

Yes: 8 • No: 6

House vote 2/16/2026

Read third time and passed House

Yes: 65 • No: 33

House vote 2/10/2026

Reported from Labor and Commerce with substitute

Yes: 16 • No: 6

House vote 2/5/2026

Subcommittee recommends reporting with amendment(s)

Yes: 4 • No: 2

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (66-Y 33-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1063)

    4/22/2026Governor
  4. Reenrolled bill text (HB636ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1063 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/25/2026Governor
  12. Enrolled Bill communicated to Governor on March 25, 2026

    3/25/2026House
  13. Fiscal Impact Statement from Department of Planning and Budget (HB636)

    3/16/2026House
  14. Bill text as passed House and Senate (HB636ER)

    3/14/2026House
  15. Enrolled

    3/14/2026House
  16. Signed by President

    3/14/2026Senate
  17. Signed by Speaker

    3/14/2026House
  18. Senate amendment agreed to by House (63-Y 34-N 0-A)

    3/9/2026House
  19. Passed Senate with amendment (20-Y 19-N 0-A)

    3/5/2026Senate
  20. Commerce and Labor Amendment agreed to

    3/5/2026Senate
  21. Engrossed by Senate as amended

    3/5/2026Senate
  22. Read third time

    3/5/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    3/4/2026Senate
  24. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/4/2026Senate
  25. Rules suspended

    3/4/2026Senate

Bill Text

Related Bills

Back to State Legislation