Stat. Stat. Stat. Stat. 23:664(A). 363A.03(16). Yes, it's O.K. 275:40. Rev. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Ann. Ann. The City of Philadelphia announced Aug. 6 that . Stat. South Dakota Equal Pay for Equal Work Law Protection: No employer may discriminate between employees on the basis of sex, by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. Ky. Rev. Wash. Rev. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Utah Code Ann. Ind. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Coverage: Applies to all employers, including the state, and all employees. 12571. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Employers who maintain such policies either in writing or verbally . You've probably wondered at some point if you're getting paid what you deserve. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Codified Laws 60-12-15. Del. tit. 49.58.010(5). Ala. Code 25-1-20(2). 48-1103(1)-(2). Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. 34:11-56.6. Va. Code Ann. Rev. Stat. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Code Ann. Ann. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Code Ann. Rev. Me. Mo. See federal law summary. ch. & Empl. Ann. N.J. Stat. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. Code Ann., Lab. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. Florida Equal Pay Statute Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. Ark. Rev. 28 R.I. Gen. Laws 28-5-24(b). Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. 4-21-306(a)(1), (7). Ga. Code Ann. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Vt. Stat. La. tit. 49.58.100(1)(a)-(b). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 181.67(1). Rev. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. W. Va. Code 5-11-10. Rev. Law 297(4)(c)(i)-(ii), (vi). Stat. N.Y. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. Ala. Code 25-1-30(b). 336.3(a). La. Mo. Stat. Colo. Rev. Colo. Rev. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. Ark. Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Stat. p.usa-alert__text {margin-bottom:0!important;} Fla. Stat. 19 1113(a), (c). In Colorados 2008 Wage Transparency Act (S.B. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Stat. Ann. Ann. tit. 775 Ill. Comp. 613.310(2)(a)-(c). Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). Vt. Stat. Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. Rev. 31-40z(a)(1). 2000e-2(a)(1). N.M. Stat. Code 22-9-1-3(l)(1), (q)(2). Rev. To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. tit. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Ann. Laws 37.2202(3). Conn. Gen. Stat. Lab. To choose not to engage in any of these protected concerted activities. Stat. An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. Stat. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Coverage: Applies to individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. 44-1202(d). 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicants current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicants current or previous salary. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. Kan. Stat. Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. 16-123-102(6). Me. Wyo. Rev. Stat. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Wis. Stat. tit. Gen. Laws ch. Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. 608.180, 608.195(2). D.C. Wash. Rev. S.D. Minn. Stat. Stat. Ga. Code Ann. N.Y. Exec. Score: 4.5/5 (7 votes) . Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. Wash. Rev. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. On Feb. 6, 2020, the 3rd U.S. Stat. Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. Neb. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Codified Laws 20-13-10. Me. Rev. N.D. Stat. Stat. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Stat. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. N.J. Stat. Neb. 42 U.S.C. Rev. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Do you want that for others as well? Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. What are my rights? 354-A:7(I), 345-A:7(VI)(a). Coverage: Applies to employers that regularly employer 15 or more employees. Its also good for the company: understanding whether or not workers are getting paid what they feel they are worth is one of the key drivers of job satisfaction and retention. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. 19 715(1)(a)-(d). Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex, including pregnancy, or gender identity. 181.66(3). 149, 105A. N.M. Stat. W. Va. Code 21-5B-1(1). Me. Check out our interactive section on the laws that are protected for Employee Rights. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. Conn. Gen. Stat. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Any employer who violates this law commits a Class A misdemeanor. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 34-5-5(a). Nev. Rev. Stat. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. 49-2-601. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. 659 A.029, 659A.030(1)(b). It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. 11-4-601(b). N.J. Stat. 23:663(3). Minn. Stat. tit. N.H. Rev. N.C. Gen. Stat. Lab. Texas Equal Work, Equal Pay Law Protection: A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. Code Ann. Lab. 26, 623. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Rev. Law 292(5)-(6). Ind. Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. tit. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. S.D. Laws 408.484. Code Ann. N.H. Rev. Iowa Code 216.6A(2)(a). Rev. Mont. GovDocs, Inc. Stat. 48-1103(1)-(2). Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Lab. Lab. Mont. 28 R.I. Gen. Laws 28-6-21. 1-13-30(h). 24-34-402(1)(i). Code 21.002(7), (8)(C). Govt Code 12926(d). 19 710(7). Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. Stat. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. & Empl. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Coverage: Applies to any employer within the state. Rev. Mich. Comp. 181.68(1). Ann. tit. 28-23-4(B). 213.055.1(1)(a). Haw. For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board (NLRB) and an April 2014 Executive Order from former President Obama. Mass. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Stat. Del. Individuals employed by their parents, spouse, or child are not protected. Conclusion. Wis. Stat. The site is secure. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Code Ann. Ark. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Mont. 1-888-273-3274. N.M. Stat. 652.230(1)-(2). tit. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 659A.001(3)-(4)(a). 112/30(c)(1)-(2). 23:302(2)(a)-(b). 27-9-105(a)(i). La. Rev. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . tit. Stat. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. 363A.29(4)(a). Cent. .h1 {font-family:'Merriweather';font-weight:700;} 21-5B-4(1)-(2). 19 710(7). 60-1.5(b)(1), (c). 4112.02(A), 4112.01(B). Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. Mont. Stat. Wyo. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. Stat. Section 7 of the Act gives employees these rights. Rev. 31-40z(d). 10:5-14.1a(a)-(c). Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Ark. Or. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. 203(s)(1). A study by four economists supports that prediction. 820 Ill. Comp. 31-71a(1)-(2). Or. Law 197. New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. What would it look like if the same was happening in your company? Stat. Codified Laws 20-13-42. Ohio Rev. The employees have spoken. 44-1211(a). Rev. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Code 21.002(8)(A), (D). 387-1. Although the Act protects union and non-union workers alike, there are limitations. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Code Ann. Code 34-06.1-05(2). 448.07(1)(a)-(b). 363A.29(3). 495b(c). Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Ann. Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Govt Code Ann. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Cent. 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