Title: Employee Leave and Wage and Salary History

Summary: Authorizes parental leave for state employees in Career Service System whose child is stillborn; prohibits public employer, employment agency, & private employer from engaging in certain activities relating to wages & salary; authorizes public employer, employment agency, & private employer to confirm prospective employee's wage & salary history under certain conditions.

Full Text:
An act relating to employee leave and wage and salary history; amending s. 110.221, F.S.; authorizing parental leave for state employees in the Career Service System whose child is stillborn; creating s. 112.0445, F.S.; providing definitions; prohibiting a public employer or an employment agency from engaging in certain activities relating to wages and salary; providing applicability; authorizing a public employ er or an employment agency to confirm a prospective employee's wage or salary history under certain conditions; amending s. 448.101, F.S.; revising applicability; creating s. 448.112, F.S.; prohibiting a private employer from engaging in certain activities relating to wages and salary; providing applicability; authorizing a private employer to confirm a prospective employee's wage or salary history under certain conditions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (4) is added to section 110.221, Florida Statutes, to read: 110.221 Parental or family medical leave.-(4) A career service employee is entitled to the parental HB 2023 leave protections provided in subsections (2) and (3) if the birth of the employee's child resulted in a stillbirth, as that term is defined in s. 382.002. Section 2. Section 112.0445, Florida Statutes, is created to read: 112.0445 Prohibited employer and employment agency activities related to wages and salary.-(1) For purposes of this section, the term: (a) "Employee" has the same meaning as in s. 112.044(2)(c). (b) "Employer" means the state or any county, municipality, or special district or any subdivision or agency thereof. (c) "Employment a gency" has the same meaning as in s. 112.044(2)(b). (2) An employer or employment agency may not: (a) Seek, request, or require the wage or salary history from a current, former, or prospective employee, orally or in writing, as a condition of being in terviewed, as a condition of continuing to be considered for an offer of employment, or as a condition of employment or promotion. (b) Seek, request, or require the wage or salary history of a current, former, or prospective employee, orally or in writing, from a current or former employer except as provided in subsection (4). HB 2023 (c) Retaliate against or refuse to interview, hire, promote, or otherwise employ a current, former, or prospective employee: 1. Because the current, former, or prospective employee, in accordance with this section, did not provide his or her wage or salary history. 2. Because the current, former, or prospective employee filed a complaint alleging a violation of this section. (3) This section does not prevent a current, former, or prospective employee from voluntarily disclosing his or her wage or salary history, including, but not limited to, for the purposes of negotiating wages or salary. (4) An employer or employment agency may confirm a wage or salary history only i f, at the time an offer of employment with compensation is made, the prospective employee responds to the offer by providing prior wage or salary history to support a wage higher than that offered by the employer or employment agency. Section 3. Sectio n448.101, Florida Statutes, is amended to read: 448.101 Definitions.-As used in ss. 448.101-448.105 and s. 448.112, the term: (1) "Appropriate governmental agency" means any agency of government charged with the enforcement of laws, rules, or regulati ons governing an activity, policy, or practice of an HB 2023 employer. (2) "Employee" means a person who performs services for and under the control and direction of an employer for wages or other remuneration. The term does not include an independent contractor.(3) "Employer" means any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons. (4) "Law, rule, or regulation" includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business. (5) "Retaliatory personnel action" means the discharge, suspension, or demotion by an employer of an employee or any other adverse employment act ion taken by an employer against an employee in the terms and conditions of employment. (6) "Supervisor" means any individual within an employer's organization who has the authority to direct and control the work performance of the affected employee or who has managerial authority to take corrective action regarding the violation of law, rule, or regulation of which the employee complains. Section 4. Section 448.112, Florida Statutes, is created to read: 448.112 Prohibited employer activities relate dto wages and salary.- HB 2023 (1) An employer may not: (a) Seek, request, or require the wage or salary history from a current, former, or prospective employee, orally or in writing, as a condition of being interviewed, as a condition of continuing to be con sidered for an offer of employment, or as a condition of employment or promotion. (b) Seek, request, or require the wage or salary history of a current, former, or prospective employee, orally or in writing, from a current or former employer except as pr ovided in subsection (3). (c) Retaliate against or refuse to interview, hire, promote, or otherwise employ a current, former, or prospective employee: 1. Because the current, former, or prospective employee, in accordance with this section, did not pro vide his or her wage or salary history. 2. Because the current, former, or prospective employee filed a complaint alleging a violation of this section. (2) This section does not prevent a current, former, or prospective employee from voluntarily disclo sing his or her wage or salary history, including, but not limited to, for the purposes of negotiating wages or salary. (3) An employer may confirm a wage or salary history only if, at the time an offer of employment with compensation is made, the prospe ctive employee responds to the offer by HB 2023 providing prior wage or salary history to support a wage higher than that offered by the employer. Section 5. This act shall take effect July 1, 2023.