F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1077 2021
1 A bill to be entitled
2 An act relating to employee wage and salary history;
3 creating s. 112.0445, F.S.; providing definitions;
4 prohibiting a public employer or employment agency
5 from engaging in certain activities relating to wages
6 and benefits; providing applicability; authorizing a
7 public employer or employment agency to confirm wage
8 or salary history under certain conditions; creating
9 s. 448.111, F.S.; prohibiting an employer from
10 engaging in certain activities relating to wages and
11 benefits; providing applicability; authorizing an
12 employer to confirm wage or salary history under
13 certain conditions; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 112.0445, Florida Statutes, is created
18 to read:
19 112.0445 Prohibited public employer activities related to
20 wages and salary.—
21 (1) For purposes of this section, the term:
22 (a) "Employee" has the same meaning as in s.
23 112.044(2)(c).
24 (b) "Employer" means the state or any county,
25 municipality, or special district or any subdivision or agency
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26 thereof.
27 (c) "Employment agency" has the same meaning as in s.
28 112.044(2)(b).
29 (2) An employer or employment agency may not:
30 (a) Orally or in writing seek, request, or require the
31 wage or salary history from a current, former, or prospective
32 employee as a condition of being interviewed, as a condition of
33 continuing to be considered for an offer of employment, or as a
34 condition of employment or promotion.
35 (b) Orally or in writing seek, request, or require the
36 wage or salary history of a current, former, or prospective
37 employee from a current or former employer except as provided in
38 subsection (4).
39 (c) Retaliate against or refuse to interview, hire,
40 promote, or otherwise employ a current, former, or prospective
41 employee:
42 1. Because the current, former, or prospective employee
43 did not provide wage or salary history in accordance with this
44 section.
45 2. Because the current, former, or prospective employee
46 filed a complaint alleging a violation of this section.
47 (3) This section does not prevent a current, former, or
48 prospective employee from voluntarily disclosing wage or salary
49 history, including, but not limited to, for the purposes of
50 negotiating wages or salary.
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51 (4) An employer or employment agency may confirm wage or
52 salary history only if, at the time an offer of employment with
53 compensation is made, the prospective employee responds to the
54 offer by providing prior wage information to support a wage
55 higher than that offered by the employer or employment agency.
56 Section 2. Section 448.111, Florida Statutes, is created
57 to read:
58 448.111 Prohibited employer activities related to wages
59 and salary.—
60 (1) An employer may not:
61 (a) Orally or in writing seek, request, or require the
62 wage or salary history from a current, former, or prospective
63 employee as a condition of being interviewed, as a condition of
64 continuing to be considered for an offer of employment, or as a
65 condition of employment or promotion.
66 (b) Orally or in writing seek, request, or require the
67 wage or salary history of a current, former, or prospective
68 employee from a current or former employer except as provided in
69 subsection (3).
70 (c) Retaliate against or refuse to interview, hire,
71 promote, or otherwise employ a current, former, or prospective
72 employee:
73 1. Because the current, former, or prospective employee
74 did not provide wage or salary history in accordance with this
75 section.
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76 2. Because the current, former, or prospective employee
77 filed a complaint alleging a violation of this section.
78 (2) This section does not prevent a current, former, or
79 prospective employee from voluntarily disclosing wage or salary
80 history, including, but not limited to, for the purposes of
81 negotiating wages or salary.
82 (3) An employer may confirm wage or salary history only
83 if, at the time an offer of employment with compensation is
84 made, the prospective employee responds to the offer by
85 providing prior wage information to support a wage higher than
86 that offered by the employer.
87 Section 3. This act shall take effect July 1, 2021.
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