_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Department of Commerce

A BILL FOR AN ACT ENTITLED: “AN ACT CREATING THE MONTANA PAYCHECK TRANSPARENCY ACT; ALLOWING EMPLOYEES TO DISCUSS WAGES OR BENEFITS WITHOUT PENALTY OR RETRIBUTION FROM AN EMPLOYER; and PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Short title. [Sections 1 through 3] may be cited as the "Montana Paycheck Transparency Act".

NEW SECTION. Section 2. Paycheck transparency -- employee protections. (1) An employer may not require as a condition of employment or application for employment that an individual:

(a) provide information regarding past wages, benefits, or other salary history;

(b) refrain from disclosing, discussing, or sharing information about the amount of the individual’s own wages, benefits, or other compensation or from inquiring, discussing, or sharing information about another employee’s wages, benefits, or other compensation if that other employee voluntarily disclosed the information; or

(c) sign a waiver or other document agreeing not to disclose the amount of the employee’s own wages, benefits, or other compensation if another employee voluntarily discloses information as described in subsection (1)(b).

(2) Information regarding wages, benefits, or other compensation of a public employee as defined in 2-2-102, including state employees as defined in 2-18-701 and officials or appointees of officials described in 2-18-103 or 2-18-104, is a public record.

NEW SECTION. Section 3. Paycheck transparency -- unlawful acts of employer. (1) An employer or an employer’s agent may not formally or informally discipline or otherwise discriminate against an employee because the employee:

(a) has disclosed the employee’s wages, benefits, or other compensation or has inquired about or discussed the wages, benefits, or other compensation of another employee;

(b) has lodged a complaint or has testified, assisted, or participated in any manner in an informal or formal investigation of prohibited acts or practices;

(c) is known by the employer to be about to lodge a complaint, testify, assist, or participate in any manner in an informal or formal investigation of prohibited acts or practices; or

(d) has opposed a prohibited act or practice or asserted a right that is protected under [section 2].

(2) This section may not be construed to:

(a) create an obligation in an employer, other than a public employer under public record laws, or in an employee to disclose wages;

(b) permit an employee, without consent of an employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law;

(d) limit the rights of an employee that are provided under another provision of law or a collective bargaining agreement.

NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 39, chapter 3, and the provisions of Title 39, chapter 3, apply to [sections 1 through 3].

NEW SECTION. Section 5. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.