A new bill aims to promote transparency and fairness in wage and salary practices across both public and private sectors by barring employers from requesting wage history and requiring them to disclose wage ranges and benefits for job positions.
North Miami Democratic Rep. Dotie Joseph filed the measure (HB 1619) that aims to address wage disparities and ensure employees are compensated fairly, regardless of past earnings. It also seeks to safeguard employees from retaliation and provide avenues for enforcement and relief in cases of noncompliance.
Titled the “Wage Fairness Act,” the bill would regulate employer practices and enhance wage and salary transparency. Employers and employment agencies would be prohibited from requesting or requiring employees or potential employees to provide wage or salary history.
Employers would further be prohibited from failing or refusing to disclose in an advertisement for an employment opportunity, whether public or internal, the wage or wage range in job advertisements. They would also be required to provide a general description of the benefits and any other remuneration for the job.
Employees would need to be given an update at least annually, on the employees’ hiring, promotion or transfer details if they are still employed by the employer or agency.
Furthermore, employers would be prohibited from taking retaliatory actions, such as refusing to hire or promote, against an employee or potential employee if they refuse to disclose their past wage or salary history. An employee, however, would be able to voluntarily disclose this information to an employer, especially for negotiation purposes.
All necessary records for each employee including the wage or wage range, and a general description of the benefits and all other information for employment opportunities, promotions and transfers would be required to be maintained and kept for at least two years after the employee leaves the job.
Employees within the Career Service System who are faced with a grievance would be able to appeal to the Public Employees Relations Commission (PERC). All other employees would be able to bring a civil action for legal or equitable relief in court within one year of the date that the person knew or should have known about the violation.
The PERC may order the employer or agency to pay a civil penalty of $1,000 for a first violation, and an additional $1,000 for each additional violation up to a total of $10,000. Courts would also be able to order injunctive relief of up to $10,000.
If passed, the bill would come into effect July 1.
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