To amend chapter 290, RSMo, relating to employment, by adding thereto one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.151, to read as follows:

290.151. 1. An employer who in good faith provides information about the job performance, professional conduct or evaluation of a former or current employee to a prospective employer of such employee, at the request of the prospective employer of such employee, may not be held liable for the disclosure or the consequences of providing the information.

2. There is a presumption that an employer is acting in good faith when the employer provides information about the job performance, professional conduct or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of such employee.

3. The presumption of good faith is rebuttable only upon showing by clear and convincing evidence that the employer disclosed the information with actual malice or with intent to mislead.

4. For the purposes of this section, "actual malice" means knowledge that the information was false or a reckless disregard of whether the information was false.

5. Unless otherwise provided by law, any employer may disclose, without liability, the following:

(1) Date of employment;

(2) Pay level;

(3) Job description and duties; and

(4) Wage history.