Florida 2025 Regular Session

Florida House Bill H1619 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 employee wages and salary; 2
16	16	providing a short title; creating s. 112.0445, F.S.; 3
17	17	providing definitions; prohibiting a public employer 4
18	18	or an employment agency from engaging in certain 5
19	19	activities relating to wages and salary; providing 6
20	20	applicability; authorizing a public employer or an 7
21	21	employment agency to confirm a prospective employee's 8
22	22	wage or salary history under certain conditions; 9
23	23	requiring a public employer or an employment agency to 10
24	24	maintain certain records for a specified time period; 11
25	25	providing administrative, injunctive, and civil 12
26	26	relief; providing civil penalties; amending s. 13
27	27	448.101, F.S.; revising applicability; creating s. 14
28	28	448.112, F.S.; defining the term "wage range"; 15
29	29	prohibiting a private employer from engaging in 16
30	30	certain activities relating to wages and salary; 17
31	31	providing applicability; authorizing a private 18
32	32	employer to confirm a prospective employee's wage or 19
33	33	salary history under certain conditions; requiring a 20
34	34	private employer to maintain certain records for a 21
35	35	specified time period; authorizing a civil action and 22
36	36	providing specified relief; providing an effective 23
37	37	date. 24
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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	Be It Enacted by the Legislature of the State of Florida: 26
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53	53	Section 1. This act me be cited as the "Wage Fairness 28
54	54	Act." 29
55	55	Section 2. Section 112.0445, Florida Statutes, is created 30
56	56	to read: 31
57	57	112.0445 Prohibited employer and employment agency 32
58	58	activities related to wages and salary. — 33
59	59	(1) For purposes of thi s section, the term: 34
60	60	(a) "Employee" has the same meaning as in s. 112.044(2). 35
61	61	(b) "Employer" means the state or any county, 36
62	62	municipality, or special district or any subdivision or agency 37
63	63	thereof. 38
64	64	(c) "Employment agency" has the same meaning as in s. 39
65	65	112.044(2). 40
66	66	(d) "Wage range" means the minimum and maximum wage for an 41
67	67	employment opportunity, which is set in good faith by reference 42
68	68	to any applicable pay scale, the actual pay range of other 43
69	69	employees holding an equivalent position, or the amount budg eted 44
70	70	for such employment position, as applicable. 45
71	71	(2) An employer or employment agency may not: 46
72	72	(a) Seek, request, or require the wage or salary history 47
73	73	from a current, former, or prospective employee, orally or in 48
74	74	writing, as a condition of being inte rviewed, as a condition of 49
75	75	continuing to be considered for an offer of employment, or as a 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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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86	86
87	87
88	88	condition of employment or promotion. 51
89	89	(b) Seek, request, or require the wage or salary history 52
90	90	of a current, former, or prospective employee, orally or in 53
91	91	writing, from a current or former employer except as provided in 54
92	92	subsection (4). 55
93	93	(c) Fail or refuse to disclose in an advertisement for an 56
94	94	employment opportunity, whether public or internal, the wage or 57
95	95	wage range for such employment opportunity and a general 58
96	96	description of the benefits and other remuneration for the 59
97	97	employment opportunity. 60
98	98	(d) Fail or refuse to provide an employee the current wage 61
99	99	or wage range and a general description of the benefits and 62
100	100	other remuneration for the position in which the employee is 63
101	101	currently employed upon such employee's hiring, promotion, or 64
102	102	transfer and at least annually thereafter as long as the 65
103	103	employee is still employed by the employer or employment agency. 66
104	104	(e) Retaliate against or re fuse to interview, hire, 67
105	105	promote, or otherwise employ a current, former, or prospective 68
106	106	employee: 69
107	107	1. Because the current, former, or prospective employee, 70
108	108	in accordance with this section, did not provide his or her wage 71
109	109	or salary history. 72
110	110	2. Because the current, former, or prospective employee 73
111	111	filed a complaint alleging a violation of this section. 74
112	112	(3) This section does not prevent a current, former, or 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	prospective employee from voluntarily disclosing his or her wage 76
126	126	or salary history, including, but not limited to, for the 77
127	127	purposes of negotiating wages or salary. 78
128	128	(4) An employer or employment agency may confirm a wage or 79
129	129	salary history only if, at the time an offer of employment with 80
130	130	compensation is made, the prospective employee responds to the 81
131	131	offer by providing prior wage or salary history to support a 82
132	132	wage higher than that offered by the employer or employment 83
133	133	agency. 84
134	134	(5) An employer or employment agency must maintain all 85
135	135	necessary records to comply with the requirements of this 86
136	136	section, including the wage or wage range and a general 87
137	137	description of benefits and all other remuneration for each 88
138	138	employment opportunity, promotion, or transfer. An employer or 89
139	139	employment agency must maintain the wage rate history for each 90
140	140	employee for at least 2 years after the date on which an 91
141	141	employee leaves such employment. 92
142	142	(6) An employee who is within the Career Service System 93
143	143	established by chapter 110 and who is aggrieved by a violation 94
144	144	of this section may appeal to the Public Employees Relations 95
145	145	Commission under the conditions and following the procedures 96
146	146	prescribed in part II of chapter 447. Any person other than an 97
147	147	employee who is within the Career Service System or a person 98
148	148	employed by the Public Employees Relations Commission who is 99
149	149	aggrieved by a violatio n of this section may bring a civil 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	action for legal or equitable relief in any court of competent 101
163	163	jurisdiction within 1 year after the date the person knew or 102
164	164	should have known about the violation. 103
165	165	(7) Upon finding that an employer or employment agency 104
166	166	violated this section: 105
167	167	(a) The Public Employees Relations Commission may order 106
168	168	the employer or employment agency to pay a civil penalty of 107
169	169	$1,000 for a first violation and an additional $1,000 for each 108
170	170	subsequent violation, not to exceed $10,000. 109
171	171	(b) The court may order injunctive relief if appropriate 110
172	172	and order the employer or employment agency to pay a civil 111
173	173	penalty of at least $1,000, but not to exceed $10,000, or the 112
174	174	amount of the actual damages, whichever is greater, plus 113
175	175	reasonable attorney fees a nd costs. 114
176	176	Section 3. Section 448.101, Florida Statutes, is amended 115
177	177	to read: 116
178	178	448.101 Definitions. —As used in ss. 448.101 -448.105 and s. 117
179	179	448.112, the term: 118
180	180	(1) "Appropriate governmental agency" means any agency of 119
181	181	government charged with the enforcem ent of laws, rules, or 120
182	182	regulations governing an activity, policy, or practice of an 121
183	183	employer. 122
184	184	(2) "Employee" means a person who performs services for 123
185	185	and under the control and direction of an employer for wages or 124
186	186	other remuneration. The term does not in clude an independent 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
198	198
199	199	contractor. 126
200	200	(3) "Employer" means any private individual, firm, 127
201	201	partnership, institution, corporation, or association that 128
202	202	employs ten or more persons. 129
203	203	(4) "Law, rule, or regulation" includes any statute or 130
204	204	ordinance or any rule or regulation adopted pursuant to any 131
205	205	federal, state, or local statute or ordinance applicable to the 132
206	206	employer and pertaining to the business. 133
207	207	(5) "Retaliatory personnel action" means the discharge, 134
208	208	suspension, or demotion by an employer of an employee or a ny 135
209	209	other adverse employment action taken by an employer against an 136
210	210	employee in the terms and conditions of employment. 137
211	211	(6) "Supervisor" means any individual within an employer's 138
212	212	organization who has the authority to direct and control the 139
213	213	work performance of the affected employee or who has managerial 140
214	214	authority to take corrective action regarding the violation of 141
215	215	law, rule, or regulation of which the employee complains. 142
216	216	Section 4. Section 448.112, Florida Statutes, is created 143
217	217	to read: 144
218	218	448.112 Prohibited employer activities related to wages 145
219	219	and salary.— 146
220	220	(1) As used in this section, the term "wage range" means 147
221	221	the minimum and maximum wage for an employment opportunity, 148
222	222	which is set in good faith by reference to any applicable pay 149
223	223	scale, the actual pa y range of other employees holding 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	equivalent position, or the amount budgeted for such employment 151
237	237	position, as applicable. 152
238	238	(2) An employer may not: 153
239	239	(a) Seek, request, or require the wage or salary history 154
240	240	from a current, former, or prospective employee, orally or in 155
241	241	writing, as a condition of being interviewed, as a condition of 156
242	242	continuing to be considered for an offer of employment, or as a 157
243	243	condition of employment or promotion. 158
244	244	(b) Seek, request, or require the wage or salary history 159
245	245	of a current, former, or prospective employee, orally or in 160
246	246	writing, from a current or former employer except as provided in 161
247	247	subsection (4). 162
248	248	(c) Fail or refuse to disclose in an advertisement for an 163
249	249	employment opportunity, whether public or internal, the wage or 164
250	250	wage range for such employment opportunity and a general 165
251	251	description of the benefits and other remuneration for the 166
252	252	employment opportunity. 167
253	253	(d) Fail or refuse to provide an employee the current wage 168
254	254	or wage range and a general description of the benefit s and 169
255	255	other remuneration for the position in which the employee is 170
256	256	currently employed upon such employee's hiring, promotion, or 171
257	257	transfer and at least annually thereafter as long as the 172
258	258	employee is still employed by the employer. 173
259	259	(e) Retaliate against or refuse to interview, hire, 174
260	260	promote, or otherwise employ a current, former, or prospective 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	employee: 176
274	274	1. Because the current, former, or prospective employee, 177
275	275	in accordance with this section, did not provide his or her wage 178
276	276	or salary history. 179
277	277	2. Because the current, former, or prospective employee 180
278	278	filed a complaint alleging a violation of this section. 181
279	279	(3) This section does not prevent a current, former, or 182
280	280	prospective employee from voluntarily disclosing his or her wage 183
281	281	or salary history, including, b ut not limited to, for the 184
282	282	purposes of negotiating wages or salary. 185
283	283	(4) An employer may confirm a wage or salary history only 186
284	284	if, at the time an offer of employment with compensation is 187
285	285	made, the prospective employee responds to the offer by 188
286	286	providing prior wage or salary history to support a wage higher 189
287	287	than that offered by the employer. 190
288	288	(5) An employer must maintain all necessary records to 191
289	289	comply with the requirements of this section, including the wage 192
290	290	or wage range and a general description of bene fits and all 193
291	291	other remuneration for each employment opportunity, promotion, 194
292	292	or transfer. An employer must maintain the wage rate history for 195
293	293	each employee for at least 2 years after the date on which an 196
294	294	employee leaves such employment. 197
295	295	(6) An employee who is aggrieved by a violation of this 198
296	296	section may bring a civil action under the conditions and 199
297	297	following the procedures set out in s. 448.103. 200
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306	306	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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310	310	Section 5. This act shall take effect July 1, 2025. 201