; and (iii) the size and resources of the employer. . 5. Wage history; 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 history and discussion of wage (a) Requirements and prohibitions relating to wage history It shall be an unlawful practice for a person to, after the date of enactment of the Wage Equity Act of 2023 — (1) rely on the wage history of a prospective employee— (A) in considering such prospective employee for employment, including by requiring that the wage history of such prospective employee satisfy minimum or maximum criteria as a condition of being considered for employment; or (B) in determining the rate of wage for such prospective employee; or (2) seek, or require a prospective employee to disclose, the wage history of such prospective employee. (b) Voluntary disclosure exceptions (1) In general Subsection (a)(1) shall not apply with respect to a prospective employee who voluntarily discloses the wage history of such prospective employee. (2) Wage history verification Notwithstanding subsection (a)(2), a person may take actions necessary to verify the wage history of a prospective employee if such wage history is voluntarily disclosed to the person by such prospective employee. (c) Prior inquiries Subsection (a) shall not apply with respect to the wage history of an employee acquired by an employer before the date of enactment of the Wage Equity Act of 2023 , including a current employee’s wage history with another employer that was requested and used to set an employee’s starting wage before such date and which is embedded in an employee’s pay and pay increases after such date. (d) Prohibitions relating to discussion of wages Subject to subsection (c), it shall be an unlawful practice for an employer— (1) to prohibit an employee from inquiring about, discussing, or disclosing the wage of— (A) the employee