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