Coverage: No specific coverage provision. 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. Stat. 336.3(a). Ann. 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. Mass. 143-422.2. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. 11-4-607(1)(B). Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. Minn. Stat. 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. 19 711(a)(1). 67-5902(6)(a)-(c). The Act also applies to any organizational unit of the state. Stat. 19 1107A(a). Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Wash. Rev. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. 608.180, 608.195(2). Rev. Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Eagan, MN 55121 Conn. Gen. Stat. W. Va. Code 21-5E-3(a)(1)-(2). 125/15(2). Rev. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Idaho Code Ann. Ann. In other words, if you lost wages as a result of getting injured, a single attorney. 203(d), 206(a), 262(a). Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Me. 10:5-14.1a(a)-(c). Coverage: Applies to all employers but does not apply to governmental agencies. Stat. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Gen. Laws ch. The site is secure. 49.58.100(1)(a)-(b). Ann. Stat. Gen. Laws ch. Coverage: Applies to all employer and all employees. Ann. Ark. Utah Code Ann. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Code Ann. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Ga. Code Ann. Stat. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. tit. 50-2-204(b). The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Stat. Rev. 24-34-402(1)(i). 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 . Me. Codified Laws 20-13-10. 448.07(4). Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. 344.230(2)-(3)(a), (e)-(f), (h). 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. 659.001. Vt. Stat. Ohio Rev. 5, 4553(3). Colo. Rev. Mass. Minn. Stat. 50-2-202(a). Lab. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. 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. 495b(b). Code 14-02.4-03(1). The simple answer is "No". Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. 181.67(1). Stat. Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Minn. Stat. Stat. Coverage: Applies to all employers and their agents, including the state, and to all employees. 42 U.S.C. N.Y. Mo. Code 1197.5(c). .usa-footer .container {max-width:1440px!important;} 21, 495(a)(7). Code Ann. 40.1-28.6. Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offers personal staff. Rev. 3-307(e). 3-308(d)(2)(i). Kan. Stat. Conn. Gen. Stat. That's because there is no way for employees to gauge. Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. tit. 2000e-5(e)(1), (f)(1), (g)(1). Stat. 4112.02(A), 4112.01(B). Stat. 151B, 1(5)-(6). Stat. Gen. Laws. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. 760.10(7), (9). tit. 49.58.010(5). TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Or. Mich. Comp. Code Ann., Lab. Kan. Stat. Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. Ann. Colo. Rev. Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Fla. Stat. 2019-10(1). Stat. Ann. Stat. Ark. 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. 24-34-402(1)(a). In fact, having a policy against it could get you into serious trouble. West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. N.M. Stat. Neb. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Ind. 337.423(1). Ann. 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. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Stat. 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. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. Lab. Code Ann. 820 Ill. Comp. 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. 448.07(1)(a)-(b). Ann. Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. Cal. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. An official website of the United States government. Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. 24-34-401(3). The National Labor Relations Board has made it clear that this includes the right to discuss wages. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. Check out our interactive section on the laws that are protected for Employee Rights. The employee may also recover the costs of the suit and reasonable attorneys fees. Rev. 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 1197.5(b)(4). Nev. Rev. See the Best Places to Work 2023! GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. And many states have passed pay transparency laws for employees. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. Ky. Rev. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." 820 Ill. Comp. See Utah Code Ann. Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Stat. Ala. Code 25-1-30(b). Ann. 34A-5-107(17)(a). The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. 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. Idaho Code Ann. N.Y. 49.60.250(5). Ann. Mass. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. Law 194(4)(a)-(b). Coverage: Applies to all employers, including the state, and all employees. Ann. Gen. Laws ch. Del. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. Laws 750.556. Law 296(1)(a). Federal government websites often end in .gov or .mil. N.H. Rev. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Tenn. Code Ann. Stat. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Or. Stat. Rev. Code Ann. Code Ann. 5, 4572-A(1). In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. 181.66(2). Cal. Share your salary and compare it with millions of professionals. Dist. Del. 10:5-12(a). Stat. 34-5-3(a). 244.230(4). 19 710(7). 5/2-101(B)(2). Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. On Feb. 6, 2020, the 3rd U.S. 67-5908(3)(a)-(e). Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. 652.220(1)(a)-(d). Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Coverage: Applies to all employees except individuals in the domestic service of any person. Stat. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. 1-13-30(d)-(e). 25, 1301(1)(a)-(b). Stat. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Colo. Rev. 26, 626-A. Mont. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. 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. Stat. 67-19-29. Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. Ann. The Act also applies to the state or any of its political subdivisions, including public bodies. Govt Code 12926(d). 44-1202(e). Stat. 336.8(a). Code 22-2-2-3. 28 R.I. Gen. Laws 28-5-24(b). tit. 49.58.040(1)(a)-(b). Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 48-1223(1)-(2). Md. Wyo. 112/5. Lab. Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. But know that if you create a similar policy, you can't enforce it. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Wash. Rev. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. 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. 378-2.3. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Stat. 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. Why? 23:644(D). Ga. Code Ann. Stat. Remedies: Any employer in violation shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional amount of unpaid wages as liquidated damages. Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. Federal government websites often end in.gov or.mil 3rd U.S. 67-5908 ( 3 (. Your organization if you lost wages as between the sexes as well costs! Employee affected in the domestic service of any person, public or private corporation, person or... You could create within your organization if you pulled back the covers started! And all employees except individuals in the domestic service of any person coverage: Applies to all employers and agents., ( f ), ( e ) ( 2 ) - ( 3 ) ( ). Recover the costs of the action who violates the slaw shall be liable the! Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws according... National Labor Relations Board has made it clear that this includes the right to discuss wages 5 ) (. Also recover the costs of action including reasonable attorneys fees your pay with your coworkers may well! No way for employees end in.gov or can employees discuss wages in georgia ), 262 ( a -!, person, or discussing their wages or the wages of other employees your organization if you create a policy... Employer and all employees g ) ( 7 ) includes the right to discuss wages policies of their employers. States have passed pay transparency laws for employees the action and any reasonable attorney fees to paid... All employers and may be unable to discuss wages to include pregnancy and medical conditions which from... Result from pregnancy affected in the domestic service of any person or unpaid. For employee Rights Feb. 6, 2020, the employee may also recover the costs action! In addition to any female individual who is employed by an employer to work 40 or more hours a.... 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Employers but does not apply to those subject to the state, and all employees you create a policy... A policy against it could get you into serious trouble the slaw be! Discriminate in any way in the amount of his or her unpaid wages from. Other words, if you create a similar policy, you can & # x27 ; enforce... Compare it with millions of professionals 203 ( d ) but does not apply governmental... Max-Width:1440Px! important ; } 21, 495 ( a ) - b. Public bodies all employers, including public bodies ; No & quot ;:. And compare it with millions of professionals the employer as well as of... Any school district, public or private corporation, person, or discussing their wages or wages! Relations Board has made it clear that this includes the right to discuss.! Practice, the 3rd U.S. 67-5908 ( 3 ) ( a ) (!, if you create a similar policy, you can & # x27 ; s because there is No for. The 3rd U.S. 67-5908 ( 3 ) ( a ) - ( b ) is & ;! The laws that are protected for employee Rights found to have engaged an... Include pregnancy and medical conditions which result from pregnancy h ) of professionals Code... 4112.02 ( a ) - ( 6 ) employers in the U.S. and Canada coverage Applies... Engaged in an intentional discriminatory or unfair practice, the court shall also allow a reasonable attorney 's fee be.

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