HB 1619 2025
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hb1619-00
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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 wages and salary; 2
providing a short title; creating s. 112.0445, F.S.; 3
providing definitions; prohibiting a public employer 4
or an employment agency from engaging in certain 5
activities relating to wages and salary; providing 6
applicability; authorizing a public employer or an 7
employment agency to confirm a prospective employee's 8
wage or salary history under certain conditions; 9
requiring a public employer or an employment agency to 10
maintain certain records for a specified time period; 11
providing administrative, injunctive, and civil 12
relief; providing civil penalties; amending s. 13
448.101, F.S.; revising applicability; creating s. 14
448.112, F.S.; defining the term "wage range"; 15
prohibiting a private employer from engaging in 16
certain activities relating to wages and salary; 17
providing applicability; authorizing a private 18
employer to confirm a prospective employee's wage or 19
salary history under certain conditions; requiring a 20
private employer to maintain certain records for a 21
specified time period; authorizing a civil action and 22
providing specified relief; providing an effective 23
date. 24
25
HB 1619 2025
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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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. This act me be cited as the "Wage Fairness 28
Act." 29
Section 2. Section 112.0445, Florida Statutes, is created 30
to read: 31
112.0445 Prohibited employer and employment agency 32
activities related to wages and salary. — 33
(1) For purposes of thi s section, the term: 34
(a) "Employee" has the same meaning as in s. 112.044(2). 35
(b) "Employer" means the state or any county, 36
municipality, or special district or any subdivision or agency 37
thereof. 38
(c) "Employment agency" has the same meaning as in s. 39
112.044(2). 40
(d) "Wage range" means the minimum and maximum wage for an 41
employment opportunity, which is set in good faith by reference 42
to any applicable pay scale, the actual pay range of other 43
employees holding an equivalent position, or the amount budg eted 44
for such employment position, as applicable. 45
(2) An employer or employment agency may not: 46
(a) Seek, request, or require the wage or salary history 47
from a current, former, or prospective employee, orally or in 48
writing, as a condition of being inte rviewed, as a condition of 49
continuing to be considered for an offer of employment, or as a 50
HB 1619 2025
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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. 51
(b) Seek, request, or require the wage or salary history 52
of a current, former, or prospective employee, orally or in 53
writing, from a current or former employer except as provided in 54
subsection (4). 55
(c) Fail or refuse to disclose in an advertisement for an 56
employment opportunity, whether public or internal, the wage or 57
wage range for such employment opportunity and a general 58
description of the benefits and other remuneration for the 59
employment opportunity. 60
(d) Fail or refuse to provide an employee the current wage 61
or wage range and a general description of the benefits and 62
other remuneration for the position in which the employee is 63
currently employed upon such employee's hiring, promotion, or 64
transfer and at least annually thereafter as long as the 65
employee is still employed by the employer or employment agency. 66
(e) Retaliate against or re fuse to interview, hire, 67
promote, or otherwise employ a current, former, or prospective 68
employee: 69
1. Because the current, former, or prospective employee, 70
in accordance with this section, did not provide his or her wage 71
or salary history. 72
2. Because the current, former, or prospective employee 73
filed a complaint alleging a violation of this section. 74
(3) This section does not prevent a current, former, or 75
HB 1619 2025
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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
prospective employee from voluntarily disclosing his or her wage 76
or salary history, including, but not limited to, for the 77
purposes of negotiating wages or salary. 78
(4) An employer or employment agency may confirm a wage or 79
salary history only if, at the time an offer of employment with 80
compensation is made, the prospective employee responds to the 81
offer by providing prior wage or salary history to support a 82
wage higher than that offered by the employer or employment 83
agency. 84
(5) An employer or employment agency must maintain all 85
necessary records to comply with the requirements of this 86
section, including the wage or wage range and a general 87
description of benefits and all other remuneration for each 88
employment opportunity, promotion, or transfer. An employer or 89
employment agency must maintain the wage rate history for each 90
employee for at least 2 years after the date on which an 91
employee leaves such employment. 92
(6) An employee who is within the Career Service System 93
established by chapter 110 and who is aggrieved by a violation 94
of this section may appeal to the Public Employees Relations 95
Commission under the conditions and following the procedures 96
prescribed in part II of chapter 447. Any person other than an 97
employee who is within the Career Service System or a person 98
employed by the Public Employees Relations Commission who is 99
aggrieved by a violatio n of this section may bring a civil 100
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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
action for legal or equitable relief in any court of competent 101
jurisdiction within 1 year after the date the person knew or 102
should have known about the violation. 103
(7) Upon finding that an employer or employment agency 104
violated this section: 105
(a) The Public Employees Relations Commission may order 106
the employer or employment agency to pay a civil penalty of 107
$1,000 for a first violation and an additional $1,000 for each 108
subsequent violation, not to exceed $10,000. 109
(b) The court may order injunctive relief if appropriate 110
and order the employer or employment agency to pay a civil 111
penalty of at least $1,000, but not to exceed $10,000, or the 112
amount of the actual damages, whichever is greater, plus 113
reasonable attorney fees a nd costs. 114
Section 3. Section 448.101, Florida Statutes, is amended 115
to read: 116
448.101 Definitions. —As used in ss. 448.101 -448.105 and s. 117
448.112, the term: 118
(1) "Appropriate governmental agency" means any agency of 119
government charged with the enforcem ent of laws, rules, or 120
regulations governing an activity, policy, or practice of an 121
employer. 122
(2) "Employee" means a person who performs services for 123
and under the control and direction of an employer for wages or 124
other remuneration. The term does not in clude an independent 125
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contractor. 126
(3) "Employer" means any private individual, firm, 127
partnership, institution, corporation, or association that 128
employs ten or more persons. 129
(4) "Law, rule, or regulation" includes any statute or 130
ordinance or any rule or regulation adopted pursuant to any 131
federal, state, or local statute or ordinance applicable to the 132
employer and pertaining to the business. 133
(5) "Retaliatory personnel action" means the discharge, 134
suspension, or demotion by an employer of an employee or a ny 135
other adverse employment action taken by an employer against an 136
employee in the terms and conditions of employment. 137
(6) "Supervisor" means any individual within an employer's 138
organization who has the authority to direct and control the 139
work performance of the affected employee or who has managerial 140
authority to take corrective action regarding the violation of 141
law, rule, or regulation of which the employee complains. 142
Section 4. Section 448.112, Florida Statutes, is created 143
to read: 144
448.112 Prohibited employer activities related to wages 145
and salary.— 146
(1) As used in this section, the term "wage range" means 147
the minimum and maximum wage for an employment opportunity, 148
which is set in good faith by reference to any applicable pay 149
scale, the actual pa y range of other employees holding an 150
HB 1619 2025
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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
equivalent position, or the amount budgeted for such employment 151
position, as applicable. 152
(2) An employer may not: 153
(a) Seek, request, or require the wage or salary history 154
from a current, former, or prospective employee, orally or in 155
writing, as a condition of being interviewed, as a condition of 156
continuing to be considered for an offer of employment, or as a 157
condition of employment or promotion. 158
(b) Seek, request, or require the wage or salary history 159
of a current, former, or prospective employee, orally or in 160
writing, from a current or former employer except as provided in 161
subsection (4). 162
(c) Fail or refuse to disclose in an advertisement for an 163
employment opportunity, whether public or internal, the wage or 164
wage range for such employment opportunity and a general 165
description of the benefits and other remuneration for the 166
employment opportunity. 167
(d) Fail or refuse to provide an employee the current wage 168
or wage range and a general description of the benefit s and 169
other remuneration for the position in which the employee is 170
currently employed upon such employee's hiring, promotion, or 171
transfer and at least annually thereafter as long as the 172
employee is still employed by the employer. 173
(e) Retaliate against or refuse to interview, hire, 174
promote, or otherwise employ a current, former, or prospective 175
HB 1619 2025
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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
employee: 176
1. Because the current, former, or prospective employee, 177
in accordance with this section, did not provide his or her wage 178
or salary history. 179
2. Because the current, former, or prospective employee 180
filed a complaint alleging a violation of this section. 181
(3) This section does not prevent a current, former, or 182
prospective employee from voluntarily disclosing his or her wage 183
or salary history, including, b ut not limited to, for the 184
purposes of negotiating wages or salary. 185
(4) An employer may confirm a wage or salary history only 186
if, at the time an offer of employment with compensation is 187
made, the prospective employee responds to the offer by 188
providing prior wage or salary history to support a wage higher 189
than that offered by the employer. 190
(5) An employer must maintain all necessary records to 191
comply with the requirements of this section, including the wage 192
or wage range and a general description of bene fits and all 193
other remuneration for each employment opportunity, promotion, 194
or transfer. An employer must maintain the wage rate history for 195
each employee for at least 2 years after the date on which an 196
employee leaves such employment. 197
(6) An employee who is aggrieved by a violation of this 198
section may bring a civil action under the conditions and 199
following the procedures set out in s. 448.103. 200
HB 1619 2025
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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
Section 5. This act shall take effect July 1, 2025. 201