; discussion of wages (a) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section: 8. Provisions relating to wage, salary, and benefit history and discussion of wages (a) Requirements and prohibitions relating to wage, salary, and benefit history It shall be an unlawful practice for an employer to— (1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee’s prior wages satisfy minimum or maximum criteria as a condition of being considered for employment, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee; (2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee; (3) require a prospective employee to disclose the wage history of such prospective employee; or (4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee— (A) opposed any act or practice made unlawful by this section; or (B) took an action for which discrimination is forbidden under section 15(a)(3). (b) Prohibitions relating to discussion of wages Subject to subsection (c), it shall be an unlawful practice for an employer to— (1) prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee, if such employee has voluntarily disclosed the wages of such employee; (2) prohibit an employee from requesting from the employer an explanation of differentials in compensation among employees; or (3) take an adverse employment action against an employee for— (A) conduct described under paragraphs (1) or (2)