Florida 2022 Regular Session

Florida House Bill H0291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 291 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0291-00
9	9	Page 1 of 4
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to employee leave and wage and salary 2
16	16	history; amending s. 110.221, F.S.; authorizing 3
17	17	parental leave for state employees in the Career 4
18	18	Service System who have a stillborn child; creating s. 5
19	19	112.0445, F.S.; defining terms; prohibiting a public 6
20	20	employer or an employment agency from engaging in 7
21	21	certain activities relating to wages and salary; 8
22	22	providing applicability; authorizing a public emp loyer 9
23	23	or an employment agency to confirm a prospective 10
24	24	employee's wage or salary history under certain 11
25	25	conditions; creating s. 448.111, F.S.; prohibiting an 12
26	26	employer from engaging in certain activities relating 13
27	27	to wages and salary; providing applicability; 14
28	28	authorizing an employer to confirm a prospective 15
29	29	employee's wage or salary history under certain 16
30	30	conditions; providing an effective date. 17
31	31	18
32	32	Be It Enacted by the Legislature of the State of Florida: 19
33	33	20
34	34	Section 1. Subsection (4) is added to section 110 .221, 21
35	35	Florida Statutes, to read: 22
36	36	110.221 Parental or family medical leave. — 23
37	37	(4) An employee is entitled to the parental leave 24
38	38	protections provided in subsections (2) and (3) if the birth of 25
39	39
40	40	HB 291 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0291-00
46	46	Page 2 of 4
47	47	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
48	48
49	49
50	50
51	51	the employee's child resulted in a stillbirth, as that term is 26
52	52	defined in s. 382.002. 27
53	53	Section 2. Section 112.0445, Florida Statutes, is created 28
54	54	to read: 29
55	55	112.0445 Prohibited public employer activities related to 30
56	56	wages and salary.— 31
57	57	(1) For purposes of this section, the term: 32
58	58	(a) "Employee" has the same meanin g as in s. 33
59	59	112.044(2)(c). 34
60	60	(b) "Employer" means the state or any county, 35
61	61	municipality, or special district or any subdivision or agency 36
62	62	thereof. 37
63	63	(c) "Employment agency" has the same meaning as in s. 38
64	64	112.044(2)(b). 39
65	65	(2) An employer or employment agency may not: 40
66	66	(a) Seek, request, or require the wage or salary history 41
67	67	from a current, former, or prospective employee, orally or in 42
68	68	writing, as a condition of being interviewed, as a condition of 43
69	69	continuing to be considered for an offer of employment, or as a 44
70	70	condition of employment or promotion. 45
71	71	(b) Seek, request, or require the wage or salary history 46
72	72	of a current, former, or prospective employee, orally or in 47
73	73	writing, from a current or former employer except as provided in 48
74	74	subsection (4). 49
75	75	(c) Retaliate against or refuse to interview, hire, 50
76	76
77	77	HB 291 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0291-00
83	83	Page 3 of 4
84	84	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
85	85
86	86
87	87
88	88	promote, or otherwise employ a current, former, or prospective 51
89	89	employee: 52
90	90	1. Because the current, former, or prospective employee, 53
91	91	in accordance with this section, did not provide his or her wage 54
92	92	or salary history. 55
93	93	2. Because the current, former, or prospective employee 56
94	94	filed a complaint alleging a violation of this section. 57
95	95	(3) This section does not prevent a current, former, or 58
96	96	prospective employee from voluntarily disclosing his or her wage 59
97	97	or salary history, including, but not limited to, for the 60
98	98	purposes of negotiating wages or salary. 61
99	99	(4) An employer or employment agency may confirm a wage or 62
100	100	salary history only if, at the time an offer of employment with 63
101	101	compensation is made, the prospective employee responds to the 64
102	102	offer by providing prior wage information to support a wage 65
103	103	higher than that offered by the employer. 66
104	104	Section 3. Section 448.111, Florida Statutes, is created 67
105	105	to read: 68
106	106	448.111 Prohibited employer activities related to wages 69
107	107	and salary.— 70
108	108	(1) An employer may not: 71
109	109	(a) Seek, request, or require the wage or salary history 72
110	110	from a current, former, or prospective employee, orally or in 73
111	111	writing, as a condition of being interviewed, as a condition of 74
112	112	continuing to be considered for an offer of employment, or as a 75
113	113
114	114	HB 291 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0291-00
120	120	Page 4 of 4
121	121	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
122	122
123	123
124	124
125	125	condition of employment or promotion. 76
126	126	(b) Seek, request, or require the wage or salary history 77
127	127	of a current, former, or prospective employee, orally or in 78
128	128	writing, from a current or former employer except as provided in 79
129	129	subsection (3). 80
130	130	(c) Retaliate against or refuse to interview, hire, 81
131	131	promote, or otherwise employ a current, former, or prospective 82
132	132	employee: 83
133	133	1. Because the current, former, or prospective employee, 84
134	134	in accordance with this section, did not provide his or her wage 85
135	135	or salary history. 86
136	136	2. Because the current, former, or prospective employee 87
137	137	filed a complaint alleging a violation of this section. 88
138	138	(2) This section does not prevent a current, former, or 89
139	139	prospective employee from voluntarily disclosing his or her wage 90
140	140	or salary history, including, but not limited to, for the 91
141	141	purposes of negotiating wages or salary. 92
142	142	(3) An employer may confirm a wage or salary history only 93
143	143	if, at the time an offer of employment with compensation is 94
144	144	made, the prospective employ ee responds to the offer by 95
145	145	providing prior wage information to support a wage higher than 96
146	146	that offered by the employer. 97
147	147	Section 4. This act shall take effect July 1, 2022. 98