tit. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. 652.210(1). Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Stat. 20-1009(a)(2)(i)-(ii). 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. 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. 659A.001(3)-(4)(a). 344.030(2)(a)-(b). N.J. Stat. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 24-34-402(1)(i). 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. 5/2-101(B)(2). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. 28-23-4(A)(1). Me. 23:663(3). Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Rev. 5/2-101(B)(1)(a), (c)-(e). Did you know that employees must be allowed to discuss salary at work? In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Cent. 181.66(2). Equal Pay Act 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 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. Code Ann. Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. Lab. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Mont. Del. Idaho Code Ann. Ind. Iowa Code 216.15(9)(a)(1), (6)-(8). Lab. If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Lab. Utah Code. Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. Code 22-2-2-11(a)(3)(b). Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. Rev. Cent. An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Rev. Florida Civil Rights 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 or pregnancy. Stat. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. 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. Mich. Comp. Rev. rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Stat. Colo. Rev. Stat. N.M. Stat. 67-19-12(a), (b), (g). The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Minn. Stat. Stat. 760.10(1)(a). Rev. La. 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. tit. Conn. Gen. Stat. 820 Ill. Comp. 21-5E-4(a). Vt. Stat. Stat. 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. Vt. Stat. 46a-51(9). & Empl. Code Ann. 19 1112(a). 363A.29(3). Stat. 48-1223(5). Lab. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Rev. 3-308(d)(2)(i). Coverage: Applies to all employer and all employees. 10:5-12(a). Me. Remedies: The Executive Order does not create a private right of action. Is It Illegal For Your Employees To Discuss Wages? & Empl. Ann. 48-1104(1). Code Ann. 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. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 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. Rev. They just can enforce it. Me. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. Code Ann. Conn. Gen. Stat. 26, 628. tit. 19 715(1)(a)-(d). Code 21.002(7), (8)(C). Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Stat. Ann. N.D. 213.111.1-2. Ky. Rev. Kan. Stat. Rev. 24-34-306(9). Code Ann., Lab. 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. Coverage: Applies to public and private employers. Stat. 820 Ill. Comp. 608.17(1). An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. 16-123-102(6). Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Mo. Stat. Stat. Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. Stat. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Tenn. Code Ann. 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. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Ga. Code Ann. 24-34-405(3)(a). Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. 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. Stat. Stat. 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. 5/2-102(A). Conn. Gen. Stat. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Code 14-02.4-03(1). 5 4577. But the truth is, you are allowed to talk about your salary with co-workers, by law. Stat. Cent. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . 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. Because the Maine Equal Pay Law Protection: An employer may not 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 that have comparable requirements relating to skill, effort, and responsibility. & Empl. N.J. Stat. /*-->*/. Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. 8-5-104. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Cal. Code 1171. Stat. Okla. Stat. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Code 22-9-1-3(l)(1), (q)(2). Or. 820 Ill. Comp. 111.321, 111.32(1), 111.36. 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. 203(s)(1). Neb. Stat. Laws 408.471(c)-(d). Law 297(4)(c)(i)-(ii), (vi). Maine Human Rights Act Protection: It is unlawful employment discrimination, except when based on a bona fide occupational qualification, for any employer to discriminate with respect to compensation because of sex. 2019-10(1). Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. Stat. The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. Illinois Equal Wage Act Protection: An employer engaged in the manufacture of any article shall not pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture. And many states have passed pay transparency laws for employees. Ann. Ala. Code 25-1-30(d). Law 296(1)(a). Stat. 23:302(2)(a)-(b). 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. Code Ann. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. Neb. Maryland Equal Pay for Equal Work Law Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. N.M. Stat. Coverage: Applies to all employers and their agents, including the state, and to all employees. N.D. Mont. Neb. Ala. Code 25-1-30(d). Va. Code Ann. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. 43 Pa. Cons. 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. A Georgia attorney could advise best, but your question remains open for three weeks. tit. Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Executive Order No. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. 378-1. Ark. 149, 105A. N.C. Gen. Stat. S.C. Code Ann. Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees Code Ann. Stat. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. & Empl. 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. Lab. 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. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. 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. 3-308(d)(2)(i). Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. tit. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Ind. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Lab. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Okla. Stat. 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. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. N.Y. Ind. Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. The Fair Labor Standards Act does not require extra pay for weekend or night work. Rev. 48-1220(2). You've probably wondered at some point if you're getting paid what you deserve. 27-9-103(n)(i)-(iv). Conn. Gen. Stat. Code Ann., Lab. 275:38-a(I)(b). 151B, 5. 112/30(c)(1)-(2). Code Ann. N.H. Rev. Keep Informed 41 C.F.R. Code Ann. Lab. 43 Pa. Cons. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Coverage: Applies to all employees and employers, including the state. Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. Code Ann., Lab. Mich. Comp. On Feb. 6, 2020, the 3rd U.S. Mich. Comp. Lab. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Or. .table thead th {background-color:#f1f1f1;color:#222;} 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. Do you want that for others as well? 181.67(1). 44-1205. Ky. Rev. 1-888-273-3274. 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. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Va. Code Ann. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Yes. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. tit. Ark. 112/30(c)(1)-(2). Provisions were found to be unlawful when they interfered with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers. The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. 775 Ill. Comp. La. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. 495b(b). tit. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Cal. tit. 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. 21.2585(a)(1)-(2), (b)-(c). 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. tit. N.H. Rev. 43 Pa. Cons. 16-123-102(4)(A)-(C). In Colorados 2008 Wage Transparency Act (S.B. Colo. Rev. Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. 28 R.I. Gen. Laws 28-6-17(b)-(c). Gen. Laws ch. 19 710(6)(a)-(d). Wash. Rev. For a second violation, the employer 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 two times the amount of unpaid wage as liquidated damages. Stat. Massachusetts Anti-Discrimination Law Protection: It shall be an unlawful practice for an employer, because of the sex or gender identity of an individual, to discriminate against such individual in compensation. Tex. Stat. Ky. Rev. Code 22-2-2-3. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Cent. Stat. Md. This map provides information on federal and state-level equal pay and pay transparency protections for workers. Minnesota Pay Transparency Law Protection: An employer shall not require nondisclosure by an employee of his or her wages as a condition of employment; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. 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