Florida 2022 Regular Session

Florida House Bill H0293 Compare Versions

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

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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
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14	14	A bill to be entitled 1
15	15	An act relating to discrimination in labor and 2
16	16	employment; creating the "Senator Helen Gordon Davis 3
17	17	Fair Pay Protection Act"; amending s. 448.07, F.S.; 4
18	18	defining terms; prohibiting an employer from providing 5
19	19	less favorable employment opportunities to employees 6
20	20	based on their sex; providing exceptions; revising 7
21	21	applicability; providing civil penalties; amending s. 8
22	22	448.102, F.S.; prohibiting an employer from taking 9
23	23	certain employment actions against employees; creating 10
24	24	s. 448.111, F.S.; prohibiting an employer from 11
25	25	engaging in certain activities relating to wages and 12
26	26	benefits; prohibiting an employer from requiring 13
27	27	employees to sign certain waivers and documents; 14
28	28	providing applicability; authorizing an employer to 15
29	29	confirm wage or salary history under certain 16
30	30	conditions; providing an effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. This act may be cited as the "Senator Helen 21
35	35	Gordon Davis Fair Pay Protection Act." 22
36	36	Section 2. Section 448.07, Florida Statutes, is reordered 23
37	37	and amended to read: 24
38	38	448.07 Wage rate discrimination based on sex prohibited. — 25
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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
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51	51	(1) DEFINITIONS.—As used in this section, unless the 26
52	52	context or subject matter clearly requires otherwise, the term 27
53	53	following terms shall have the meanings as defined in this 28
54	54	section: 29
55	55	(a) "Business necessity" means an overriding legitimate 30
56	56	business purpose that relies on a bona fide factor, as described 31
57	57	in subparagraph (2)( a)4., to effectively fulfill that business 32
58	58	purpose. 33
59	59	(b)(a) "Employee" means any individual employed by an 34
60	60	employer, including individuals employed by the state or any of 35
61	61	its political subdivisions or instrumentalities of subdivisions. 36
62	62	(c)(b) "Employer" means any person who employs two or more 37
63	63	employees. 38
64	64	(d) "Less favorable employment opportunity" means: 39
65	65	1. Assigning or directing an employee to a position or 40
66	66	career track in which the work performed requires substantially 41
67	67	less skill, effort, and respo nsibility than the work performed 42
68	68	by the majority of individuals in the employee's same occupation 43
69	69	and labor market area; 44
70	70	2. Failing to provide an employee with information about 45
71	71	promotions or advancement in the full range of career tracks 46
72	72	offered by the employer; 47
73	73	3. Assigning the employee work less likely to lead to a 48
74	74	promotion or career advancement opportunity; or 49
75	75	4. Limiting or depriving an employee of a promotion or 50
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77	77	HB 293 2022
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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
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88	88	career advancement opportunity that would otherwise be available 51
89	89	to the employee but for the employee's sex. 52
90	90	(g)(c) "Wages" means and includes all compensation paid by 53
91	91	an employer or the employer's his or her agent for the 54
92	92	performance of service by an employee, including the cash value 55
93	93	of all compensation paid in any medium other tha n cash. 56
94	94	(e)(d) "Rate" with reference to wages means the basis of 57
95	95	compensation for services by an employee for an employer and 58
96	96	includes compensation based on time spent in the performance of 59
97	97	such services, on the number of operations accomplished, or on 60
98	98	the quality produced or handled. 61
99	99	(f)(e) "Unpaid wages" means the difference between the 62
100	100	wages actually paid to an employee and the wages required to be 63
101	101	paid to an employee pursuant to subsection (3). 64
102	102	(2) DISCRIMINATION BASED ON BASIS OF SEX PROHIBITED.— 65
103	103	(a) An No employer may not provide a less favorable 66
104	104	employment opportunity to an employee based on the employee's 67
105	105	shall discriminate between employees on the basis of sex or pay 68
106	106	the employee by paying wages to employees at a rate less than 69
107	107	the rate the employer pays an employee at which he or she pays 70
108	108	wages to employees of the opposite sex for substantially similar 71
109	109	equal work on a job, jobs the performance of which requires 72
110	110	equal skill, effort, and responsibility, and which is are 73
111	111	performed under similar working conditions, except when the 74
112	112	employer demonstrates that the entire wage differential is based 75
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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
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125	125	on one or more of the following reasonably applied factors when 76
126	126	such payment is made pursuant to : 77
127	127	1. A seniority system; 78
128	128	2. A merit system; 79
129	129	3. A system that which measures earnings by quantity or 80
130	130	quality of production; or 81
131	131	4. A bona fide differential based on any reasonable factor 82
132	132	other than sex, including, but not limited to, education, 83
133	133	training, or experience. This subparagraph applies only if the 84
134	134	employer demonstrates that the factor is not based on, or 85
135	135	derived from, a sex-based wage differential; is job -related with 86
136	136	respect to the position in question; and is consistent with a 87
137	137	business necessity. This subparagraph does not apply if the 88
138	138	employee demonstrates that an alternative business practice 89
139	139	exists that would serve the same business purpose without 90
140	140	producing the wage differential. 91
141	141	(b) An employer who is paying a wage in violation of this 92
142	142	section may not reduce another employee's wage to comply with 93
143	143	this section when exercised in good faith . 94
144	144	(c)(b) A No person may not shall cause or attempt to cause 95
145	145	an employer to discriminate against an any employee in violation 96
146	146	of the provisions of this section. 97
147	147	(3) CIVIL ACTION FOR UNPAID WAGES. —Any employer or person 98
148	148	who violates the provisions of this section is liable to the 99
149	149	employee for the amount of the difference between the amount the 100
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158	158	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
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162	162	employee was paid and the amount he or she should have been paid 101
163	163	under this section, plus liquidated damages . Nothing in this 102
164	164	section allows a claimant to recover more than an amount equal 103
165	165	to his or her unpaid wages while so employed for 1 year prior to 104
166	166	the filing of the claim. An action to recover such liability may 105
167	167	be maintained in any court of competent jurisdi ction by one or 106
168	168	more employees on their own behalf or on behalf of other 107
169	169	employees similarly situated the aggrieved employee within 3 108
170	170	years 6 months after the date of the alleged violation 109
171	171	termination of employment . For purposes of this subsection, a 110
172	172	violation occurs when a discriminatory compensation decision or 111
173	173	other practice is adopted, when an employee becomes subject to a 112
174	174	discriminatory compensation decision or other practice, or when 113
175	175	an employee is affected by the application of a discriminatory 114
176	176	compensation decision or other practice, including each time 115
177	177	wages are paid, resulting in whole or in part from such a 116
178	178	decision or practice. The court in such action may award to the 117
179	179	prevailing party costs of the action and a reasonable attorney 118
180	180	attorney's fee. 119
181	181	(4) CIVIL PENALTIES.— 120
182	182	(a) An employer who violates this section is subject to a 121
183	183	civil penalty: 122
184	184	1. Not to exceed $2,500 for a first violation. 123
185	185	2. Not to exceed $3,000 for a second violation. 124
186	186	3. Not to exceed $5,000 for a third or subsequent 125
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195	195	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
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197	197
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199	199	violation. 126
200	200	(b) In determining the amount of a civil penalty to be 127
201	201	assessed under paragraph (a), a court of competent jurisdiction 128
202	202	shall consider the severity of the violation Nothing in this 129
203	203	section or in s. 725.07, relating to discrimination based on sex 130
204	204	in providing equal pay for equal services performed, is 131
205	205	applicable to any employer, labor organization or member 132
206	206	thereof, or employee whose employer is subject to the federal 133
207	207	Fair Labor Standards Act of 1938, as amended . 134
208	208	Section 3. Section 448.102, Florid a Statutes, is amended 135
209	209	to read: 136
210	210	448.102 Prohibitions. —An employer may not take any 137
211	211	retaliatory or discriminatory personnel action against an 138
212	212	employee because the employee has: 139
213	213	(1) Disclosed, or threatened to disclose, to any 140
214	214	appropriate governmental ag ency, under oath, in writing, an 141
215	215	activity, policy, or practice of the employer that is in 142
216	216	violation of a law, rule, or regulation. However, this 143
217	217	subsection does not apply unless the employee has, in writing, 144
218	218	brought the activity, policy, or practice to the attention of a 145
219	219	supervisor or the employer and has afforded the employer a 146
220	220	reasonable opportunity to correct the activity, policy, or 147
221	221	practice. 148
222	222	(2) Provided information to, or testified before, any 149
223	223	appropriate governmental agency, person, or entity condu cting an 150
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232	232	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
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236	236	investigation, hearing, or inquiry into an alleged violation of 151
237	237	a law, rule, or regulation by the employer. 152
238	238	(3) Objected to, or refused to participate in, any 153
239	239	activity, policy, or practice of the employer which is in 154
240	240	violation of a law, rule, or regulation. 155
241	241	(4)(a) Discussed or disclosed the employee's own wages; 156
242	242	(b) Inquired about another employee's wages; 157
243	243	(c) Discussed another employee's wages, if such wages have 158
244	244	been voluntarily disclosed by such employee; 159
245	245	(d) Requested that the employe r provide a reason for the 160
246	246	amount of the employee's own wages; or 161
247	247	(e) Testified or will testify, assisted, or participated 162
248	248	in an investigation or proceeding under this section. 163
249	249	Section 4. Section 448.111, Florida Statutes, is created 164
250	250	to read: 165
251	251	448.111 Prohibited employer activities related to wages 166
252	252	and benefits.— 167
253	253	(1) An employer may not: 168
254	254	(a) Rely on the wage or salary history of a current, 169
255	255	former, or prospective employee in determining the wages or 170
256	256	salary for such individual. 171
257	257	(b) Orally or in writing seek, request, or require the 172
258	258	wage or salary history from a current, former, or prospective 173
259	259	employee as a condition of being interviewed, as a condition of 174
260	260	continuing to be considered for an offer of employment, or as a 175
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269	269	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
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273	273	condition of employment or promotion. 176
274	274	(c) Orally or in writing seek, request, or require the 177
275	275	wage or salary history of a current, former, or prospective 178
276	276	employee from a current or former employer, except as provided 179
277	277	in subsection (3). 180
278	278	(d) Retaliate against or re fuse to interview, hire, 181
279	279	promote, or otherwise employ a current, former, or prospective 182
280	280	employee: 183
281	281	1. Based upon prior wage or salary history. 184
282	282	2. Because the current, former, or prospective employee 185
283	283	did not provide wage or salary history, in accordance with this 186
284	284	section. 187
285	285	3. Because the current, former, or prospective employee 188
286	286	filed a complaint alleging a violation of this section. 189
287	287	(e) Prohibit an employee from: 190
288	288	1. Discussing or disclosing the employee's own wages; 191
289	289	2. Inquiring about another emplo yee's wages; 192
290	290	3. Discussing another employee's wages, if such wages have 193
291	291	been voluntarily disclosed by such employee; or 194
292	292	4. Requesting that the employer provide a reason for the 195
293	293	amount of the employee's own wages. 196
294	294	(f) Require an employee to sign a wai ver or any other 197
295	295	document that prohibits the employee from: 198
296	296	1. Discussing or disclosing the employee's own wages; 199
297	297	2. Inquiring about another employee's wages; or 200
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310	310	3. Discussing another employee's wages, if such wages have 201
311	311	been voluntarily disclosed by such employee. 202
312	312	(2) This section does not prevent a current, former, or 203
313	313	prospective employee from voluntarily disclosing wage or salary 204
314	314	history, including, but not limited to, for the purposes of 205
315	315	negotiating wages or salary. 206
316	316	(3) An employer may confirm wage or salary history only 207
317	317	if, at the time an offer of employment with compensation is 208
318	318	made, the prospective employee responds to the offer by 209
319	319	providing prior wage information to support a wage higher than 210
320	320	that offered by the employer. 211
321	321	Section 5. This act shall take effect July 1, 2022. 212