216(b). Wash. Rev. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. 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. Code 14-02.4-20. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. N.D. Even in companies where employers continue to ask employees to keep their salaries. Additionally, any monetary award ordered shall be for actual damages only. W. Va. Code 5-11-3(d)-(e). Remedies: No remedies specific to violations of this provision. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. Okla. Stat. Additionally, a court may order other affirmative action as appropriate. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. Coverage: The law does not apply to family members. Stat. Code 22-9-1-3(l)(1), (q)(2). Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. 43 Pa. Cons. Haw. Code 244(a). Gen. Laws ch. 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. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. Here are some examples from the past three decades of NLRB decisions. On Feb. 6, 2020, the 3rd U.S. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. 34A-5-107(10). Haw. Ann. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. 1-888-273-3274. Kan. Stat. W. Va. Code. 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. 19 1112(a). The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. tit. Ann. Md. Del. Stat. Ark. 3-307(a)(1). Md. Code 14-02.4-03(1). Del. 4-21-306(a)(1), (7). 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. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Coverage: Applies to any employer who employs 9 or more employees. Stat. 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. D.C. Code 2-1401.02(10). Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 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. ch. Conn. Gen. Stat. It was updated with new information in June 2021. Lab. Ind. 21-5E-4(a). 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. Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. Law 194(4)(a)-(b). Executive Directive No. Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Rev. No, employees are legally protected. with GovDocs Employment Law News. Code Ann. Code Ann. 50-2-201(3)-(4). Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Ann. Del. Rev. Lab. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. 448.07(1)(a)-(b). 34:11-56.6. Tex. 613.330(1)(a). 3d 898 (W.D. 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. 18 709A(a)(4). D.C. Code 2-1402.11(a)(1). Tenn. Code Ann. Code 22-2-2-3. 24-34-306(9). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 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. Why? N.H. Rev. Conn. Gen. Stat. Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Stat. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). 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. 652.220(1)(a)-(d). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Tex. 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. Ann. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Haw. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. Lab. 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. At many companies, there is not only a hush-hush culture around discussing your pay, it may even be a rule, whether communicated verbally or written down in employee rules and regulations. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. 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. Code Ann. 4-21-313(a)(1)-(6), (b). On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. 16-123-107(a)(1). 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. 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. Code Ann., State Govt 20-604. Nev. Rev. Code 22-2-2-4(d). Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 44-1202(d). Stat. Govt Code Ann. Stat. Code 21.002(8)(A), (D). Rev. Code 34-06.1-02(2)-(3). 337.420(1)-(2), 337.423(1). Neb. Stat. 275:36. Stat. 34-5-3(a). Cal. Coverage: Applies to all persons acting in the interest of an employer. #block-googletagmanagerheader .field { padding-bottom:0 !important; } If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. 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. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Rev. Executive Order No. However, policies that specifically prohibit the discussion of wages are unlawful. Wyo. 48-1114(1)(d). Ann. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. 48-1119(4). 151B, 4(1). #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;} 10:5-12(a). Stat. See 29 U.S.C. Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. See 29 U.S.C. N.J. Stat. Ann. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. 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. The law errs on the side of protecting employees right to concerted activity. Coverage: Applies to any employer of 6 or more persons in the state. 110/1. Nev. Rev. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. Cent. Me. 1305 Corporate Center Drive Stat. employer fring an employee because she discussed her salary with another employee. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Stat. 4112.99. 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. 613.405, 613.420. Md. Rev. Del. 363A.03(16). Mich. Comp. 3-307(a)(2). Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Rev. 4111.17(D). Stat. Stat. Gen. Laws ch. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Ann. 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. Mich. Comp. Coverage: Applies to all employers, including the state, and all employees. 659A.355(1)(a). 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. 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. Lab. 344.230(2)-(3)(a), (e)-(f), (h). Tex. 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. Rev. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Ind. tit. Utah Code Ann. 11-4-601(b). Ann. & Empl. 820 Ill. Comp. 111.39(c). Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Colo. Rev. While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Iowa Code 216.6A(2)(a). 3-307(e). 112/30(c). The simple answer is "No". Stat. It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicants wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. 1-13-80(A)(1). Neb. Ann. The City of Philadelphia announced Aug. 6 that . 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. 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. 24-34-306(9). Fla. Stat. 110/1. N.J. Stat. Ky. Rev. Although the Act protects union and non-union workers alike, there are limitations. Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Colo. Rev. 336.2(a)-(b). Stat. Clarke-Figures Equal Pay Act Stat. Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. Code 34-06.1-03(1). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Ann. Stat. 659A.001(3)-(4)(a). Conn. Gen. Stat. 60-1.26(a)(2), (b)(1); 60-1.27. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Code Ann. 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. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. 28-1-2(B), (E). tit. 820 Ill. Comp. Rev. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 344.030(2)(a)-(b). 275:39. Ky. Rev. Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. 820 Ill. Comp. Protection: An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Mich. Comp. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . Cal. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Iowa Code 70A.18. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Code 1171. It can be difficult to challenge a culture or rule at work. No. See Holt v. Deer-Mt. 2. Code Ann. N.M. Stat. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Virginia Equal Pay Law 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. Colo. Rev. 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. Code Ann. .usa-footer .grid-container {padding-left: 30px!important;} 10:5-14.1a(a)-(c). 344.030(5). Mass. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 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. Stat. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. La. Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. N.C. Gen. Stat. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 23:666(A). Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. Code 1197.5(k)(1). 275:36. Code Ann. In fact, having a policy against it could get you into serious trouble. Md. 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. Fla. Stat. Ann. 48-1223(5). 19 710(6)(a)-(d). 659A.001(3)-(4)(a). Wyo. Stat. Del. Coverage: Applies to all employees except individuals in the domestic service of any person. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. tit. 44-1005(k). Mass. Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. A week of this provision, a court may order other affirmative action as appropriate and... Code 22-9-1-3 ( l ) ( 1 ) ( a ) 3rd U.S can not prohibit employees from disclosing comparing. The 3rd U.S individuals in the interest of an employer employees from disclosing, comparing, discussing. 1215, 1221 ( Ill. App 2018 Stat Glassdoor, which practice salary transparency, believe ensuring... 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Can be difficult to challenge a culture or rule at work new information in June 2021 3 ) a! 344.230 ( 2 ) ( ii ) right to concerted activity employers prohibit or discussions! Any person face-to-face conversations and written messages which practice salary transparency, believe in ensuring employees being! C ) % of American workers report that their employers prohibit or discourage discussions of wages unlawful... And fair be difficult to challenge a culture or rule at work Commn 525!
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