VirginiaHB6362026 Regular SessionHouseWALLET

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

Sponsored By: Michelle Lopes Maldonado (Democratic)

Signed by Governor

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.

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Bill Overview

Analyzed Economic Effects

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

Virginia workers gain pay transparency and protections

Virginia employers cannot seek applicants’ current or past pay or use it to decide whom to hire. They cannot use that history to set starting pay, except to support a higher offer as described below. Employers cannot deny interviews, jobs, or promotions, or otherwise retaliate, because someone withholds pay history or requests a pay range. Every public and internal posting for jobs, promotions, transfers, and other work opportunities must list pay or a pay range. Ranges must show a minimum and maximum set in good faith, including consideration of how wide the range is. Employers must base ranges on applicable pay scales, previously set ranges, pay for equivalent current jobs, or the position’s budget. Applicants can freely share pay history, including during negotiations after an initial offer. Employers can use or confirm history shared without prompting only to support pay above that offer that complies with Virginia and federal law. The Attorney General can sue to enforce these rules and seek other court relief. Civil penalties reach $1,000 for a first violation and $5,000 for each later violation, paid into the state’s general fund. Affected applicants and employees can sue within one year for actual damages and other court relief. Before a lawsuit over missing pay information or an improper range, employers must receive written notice and a chance to fix it. Anyone can give that notice, which remains valid throughout the posting. Fixing the violation at the original posting locations within 15 business days after receiving notice bars that lawsuit.

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

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 66 • No: 33

House vote • 3/9/2026

Senate amendment agreed to by House

Yes: 63 • No: 34

Senate vote • 3/5/2026

Passed Senate with amendment

Yes: 20 • No: 19

Senate vote • 3/5/2026

Commerce and Labor Amendment agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 3/4/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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

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