Bill Text: FL S0376 | 2022 | Regular Session | Introduced

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Bill Title: Employment Protections

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Governmental Oversight and Accountability [S0376 Detail]

Download: Florida-2022-S0376-Introduced.html

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       Florida Senate - 2022                                     SB 376
       
       
        
       By Senator Book
       
       
       
       
       
       32-00534-22                                            2022376__
    1                        A bill to be entitled                      
    2         An act relating to employment protections; amending s.
    3         110.221, F.S.; authorizing parental leave for state
    4         employees in the Career Service System who have a
    5         stillborn child; creating s. 112.0445, F.S.; defining
    6         terms; prohibiting a public employer or an employment
    7         agency from engaging in certain activities relating to
    8         wages and salary; providing applicability; authorizing
    9         a public employer or an employment agency to confirm a
   10         prospective employee’s wage or salary history under
   11         certain conditions; creating s. 448.111, F.S.;
   12         prohibiting an employer from engaging in certain
   13         activities relating to wages and salary; providing
   14         applicability; authorizing an employer to confirm a
   15         prospective employee’s wage or salary history under
   16         certain 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  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 meaning as in s. 112.044(2)(c).
   33         (b) “Employer” means the state or any county, municipality,
   34  or special district or any subdivision or agency thereof.
   35         (c) “Employment agency” has the same meaning as in s.
   36  112.044(2)(b).
   37         (2) An employer or employment agency may not:
   38         (a) Seek, request, or require the wage or salary history
   39  from a current, former, or prospective employee, orally or in
   40  writing, as a condition of being interviewed, as a condition of
   41  continuing to be considered for an offer of employment, or as a
   42  condition of employment or promotion.
   43         (b) Seek, request, or require the wage or salary history of
   44  a current, former, or prospective employee, orally or in
   45  writing, from a current or former employer except as provided in
   46  subsection (4).
   47         (c) Retaliate against or refuse to interview, hire,
   48  promote, or otherwise employ a current, former, or prospective
   49  employee:
   50         1. Because the current, former, or prospective employee, in
   51  accordance with this section, did not provide his or her wage or
   52  salary history.
   53         2. Because the current, former, or prospective employee
   54  filed a complaint alleging a violation of this section.
   55         (3) This section does not prevent a current, former, or
   56  prospective employee from voluntarily disclosing his or her wage
   57  or salary history, including, but not limited to, for the
   58  purposes of negotiating wages or salary.
   59         (4) An employer or employment agency may confirm a wage or
   60  salary history only if, at the time an offer of employment with
   61  compensation is made, the prospective employee responds to the
   62  offer by providing prior wage information to support a wage
   63  higher than that offered by the employer.
   64         Section 3. Section 448.111, Florida Statutes, is created to
   65  read:
   66         448.111 Prohibited employer activities related to wages and
   67  salary.—
   68         (1) An employer may not:
   69         (a) Seek, request, or require the wage or salary history
   70  from a current, former, or prospective employee, orally or in
   71  writing, as a condition of being interviewed, as a condition of
   72  continuing to be considered for an offer of employment, or as a
   73  condition of employment or promotion.
   74         (b) Seek, request, or require the wage or salary history of
   75  a current, former, or prospective employee, orally or in
   76  writing, from a current or former employer except as provided in
   77  subsection (3).
   78         (c) Retaliate against or refuse to interview, hire,
   79  promote, or otherwise employ a current, former, or prospective
   80  employee:
   81         1. Because the current, former, or prospective employee, in
   82  accordance with this section, did not provide his or her wage or
   83  salary history.
   84         2. Because the current, former, or prospective employee
   85  filed a complaint alleging a violation of this section.
   86         (2) This section does not prevent a current, former, or
   87  prospective employee from voluntarily disclosing his or her wage
   88  or salary history, including, but not limited to, for the
   89  purposes of negotiating wages or salary.
   90         (3) An employer may confirm a wage or salary history only
   91  if, at the time an offer of employment with compensation is
   92  made, the prospective employee responds to the offer by
   93  providing prior wage information to support a wage higher than
   94  that offered by the employer.
   95         Section 4. This act shall take effect July 1, 2022.