Title: Employment Protections

Summary: Authorizing parental leave for state employees in the Career Service System who have a stillborn child; prohibiting a public employer or an employment agency from engaging in certain activities relating to wages and salary; prohibiting an employer from engaging in certain activities relating to wages and salary; authorizing an employer to confirm a prospective employee's wage or salary history under certain conditions, etc.

Full Text:
An act relating to employment protections; amending s. 110.221, F.S.; authorizing parental leave for state employees in the Career Service System who have a stillborn child; creating s. 112.0445, F.S.; defining terms; prohibiting a public employer or an employment agency from engaging in certain activities relating to wages and salary; providing applicability; authorizing a public employer or an employment agency to confirm a prospective employee s wage or salary history under certain conditions; creating s. 448.111, F.S.; prohibiting an employer from engaging in certain activities relating to wages and salary; providing applicability; authorizing an 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)  An employee is entitled to the parental 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 public employer 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 agency  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 interviewed, 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). (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 if, at the time an offer of employment with compensation is made, the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer. Section 3. Section 448.111, Florida Statutes, is created to read: 448.111 Prohibited employer activities related to wages and salary.  (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 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 (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 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. (2) 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. (3) An employer may confirm a wage or salary history only if, at the time an offer of employment with compensation is made, the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer. Section 4. This act shall take effect July 1, 2022.