SF 4800
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 09:15 a.m.
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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.
new text begin (c) new text end The general prohibition against inquiring into the pay history of an applicant does
not apply ifnew text begin :
new text end
new text begin (1) new text end 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 applicantdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(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.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end 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.
deleted text begin (d)deleted text end new text begin (e)new text end 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.
deleted text begin (e)deleted text end new text begin (f)new text end 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.