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Wage-transparency bill draws split testimony on worker protections and business impacts

Senate Business and Labor Committee · March 4, 2025
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Summary

Senate Bill 313, requiring pay-range disclosure in job postings and prohibiting wage-history inquiries, prompted broad testimony: labor and youth groups supported the measure to reduce pay gaps, while business groups warned of litigation and compliance burdens.

Senator Shane Morigeau opened Senate Bill 313, a wage-transparency measure that would prohibit employers from seeking an applicant—s prior wage history and require disclosure of hourly or salary ranges and a general description of benefits in job postings. Morigeau and proponents framed the bill as a tool to reduce pay gaps—quoting national and local data on Native American and gender pay disparities—and as a way to improve recruitment and retention.

Labor organizations and youth-focused groups urged a due pass, saying transparency increases fairness and reduces turnover. Amanda Frickle of the Montana AFL-CIO called collective bargaining the "gold standard" for transparency and urged the adoption of posting salary ranges for all jobs.

Opponents—business groups, construction contractors, and employer associations—argued the bill would invite litigation and place burdens on small employers. Kerry Hegreberg of the Montana Chamber cited Washington state's post-enactment litigation as a caution, and Associated Employers representatives warned of antitrust issues in private wage surveys and the difficulty small employers might face posting fixed ranges for roles with variable pay.

DLI legal counsel and committee members discussed enforcement mechanics, exemptions for small employers (fewer than 15 employees), interactions with existing Montana wage-discrimination laws (Mont. Code Ann. 39-3-104), and potential litigation risk. Senator Morigeau said the bill was intended to be a "Montana solution" with carve-outs for small businesses and a clear emphasis on posting ranges and protecting applicants who decline to disclose wage history.

The committee recorded the hearing testimony and later considered the measure during executive action; the bill was discussed but tabled in committee.