2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Ann. 378-5(c). 60-1.4(a)(3). Rev. Ohio Rev. N.J. Stat. 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. Stat. 41 C.F.R. Lab. N.H. Rev. Ann. Okla. Stat. tit. & Empl. 23:644(D). 16-123-107(c)(2)(A). & Empl. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Per the NLRB, pay secrecy policies may violate the law. 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. Ark. Ark. Because the Code 22-9-1-6(j)(1)-(3). Mass. 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. Stat. 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. Stat. 16-123-107(c)(2)(A). 8, 2011 WL 2533793, at *7 (C.D. 31-71a(1)-(2). employer fring an employee because she discussed her salary with another employee. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. 4112.02(A), 4112.01(B). Del. 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. 44-1005(k). 11-4-601(a). Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Stat. Colo. Rev. N.D. Code 34-06.1-09. Rev. 2000e-2(a)(1). 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. 21, 495d(1). Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. 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. Codified Laws 20-13-1(7), (11). 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. Rev. 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. 110/1. Check out our interactive section on the laws that are protected for Employee Rights. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Rev. 24-34-405(2)(a)(I)-(III). Utah Code Ann. 820 Ill. Comp. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. 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. Wash. Rev. Coverage: Applies to all employees and employers, including the state. Stat. .manual-search ul.usa-list li {max-width:100%;} 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. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 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. Lab. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Delaware Antidiscrimination Act 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 his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. Ark. 24-34-405(2)(a)(I)-(III). 25 1350(G)-(H). Massachusetts Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations. Vt. Stat. 149 105A(c)(1). Ann. Mont. 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. Ann. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Wash. Rev. Only about 20% of companies practice open salary transparency. Kan. Stat. Code Ann 11-4-611(a), (b)(1)(3). tit. Stat. Rev. 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 . 149, 105A. Ga. Code Ann. Ark. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. 40, 198.2. 8-5-103. Tenn. Code Ann. Rev. Ann. Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? Wash. Rev. That's because there is no way for employees to gauge. 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 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. 31-40z(a)(1). Haw. Code Ann. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. 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. 820 Ill. Comp. 11-4-610. 613.310-613.435. Coverage: The law does not apply to family members. Fla. 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. Diane B. Allen Equal Pay Act Protection: No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. & Empl. Stat. tit. 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. Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. Ann. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. 4112.01(A)(2)-(3). tit. 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. Stat. 5/2-102(A). Conn. Gen. Stat. Md. Or. Colo. Rev. Md. Fla. Stat. Mich. Comp. Ann. Conn. Gen. Stat. Stat. 110/1. Ann. Nev. Rev. N.M. Stat. Md. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. Del. Ann. Remedies: No specific remedies provision. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. 149, 1. Rev. 111.32(5)-(6)(a)-(b). Del. Code Ann. 336.2(a)-(b). Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. 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. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Ind. Stat. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Stat. Ann. 34A-5-106(1)(a)(i)(C), (J). The law does not apply to individuals employed as domestic servants. 28 R.I. Gen. Laws 28-6-20. Ann. Ann. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. 5/2-101(B)(2). Ga. Code Ann. 181.68(2). Prior salary shall not justify any disparity in compensation. N.H. Rev. Transparency around salaries can arm marginalised workers and close the wage gap. 34:11-56.1(a)-(b). Ann. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. Colo. 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. Ann. Minn. Stat. You've probably wondered at some point if you're getting paid what you deserve. Colo. Rev. 39-3-104(1). Mass. 275:37(I). 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. 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. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. 613.310-613.435. 19 715(1)(a)-(d). Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Gen. Laws ch. 149, 105B. Coverage: The law does not apply to family members. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. Stat. 21-5B-1(2). Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. 50-2-204(a)(1). Kan. Stat. A civil penalty claim may be filed in any court of competent jurisdiction. See the Best Places to Work 2023! 41 C.F.R. Ala. Code 25-1-30(b). Ark. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. Minn. Stat. 34-5-2(4). Idaho Code Ann. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. 31-75(a). Govt Code 12965(c). Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Additionally, the employer may also be liable to the employee for punitive damages. It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. 244.230(4). Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. 44-1210(a). Executive Directive No. Iowa Code 216.15(9)(a)(9)(a)-(b). 12571. Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. Vt. Stat. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. 5 4577. La. 275:41-b(I)-(II). Ann. Conn. Gen. Stat. State agencies may not rely upon previously obtained prior salary information in determining an applicants salary. Applies to all employers, including the state, that employ 3 or more persons. Cal. N.H. Rev. 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. 275:38-a(I)(b). N.H. Rev. 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. 820 Ill. Comp. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Law 292(5)-(6). Rev. Any employer who violates this law commits a Class A misdemeanor. What would it look like if the same was happening in your company? 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. Law 190(3). N.Y. 42 U.S.C. 24-34-306(9). W. Va. Code. & Empl. 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. 23:342(1). Rev. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. Mo. In other words, if you lost wages as a result of getting injured, a single attorney. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. D.C. 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. 203(s)(1). Ga. Code Ann. Ill. June 27, 2011). 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. Code Ann. Judea Sch. Stat. Ann. Conn. Gen. Stat. tit. Or. Rev. Lab. Rev. Md. Neb. Mass. Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee. Ohio Rev. 448.07(1)(a)-(b). Code Ann. Kan. Stat. Rev. Minn. Stat. They just can enforce it. Cent. Code Ann. 93(5)(a). Rev. 19 709B(h)(3). 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. 2019-10(1)(a)-(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. 275:39. Rev. Rev. Idaho Code Ann. 46a-51(9). Code Ann. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Lab. 31-40z(b)(1)-(4), (6)-(7). Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. 34-5-3(a). 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. 49.58.040(1)(a)-(b). Executive Order No. Ann. Code 1197.5(a). 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. Laws 408.471(c)-(d). Rev. Md. 344.030(2)(a)-(b). Stat. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Utah Code Ann. 28 R.I. Gen. Laws 28-6-21. . 26, 628. tit. 10:5-12(a). 363A.08(2)(3). 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 aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Mo. Conn. Gen. Stat. Against employees for discussing their can employees discuss wages in georgia or for encouraging other employees to gauge applicants! To exercise their Rights to do the same you deserve of this chapter is guilty of class... 4 ), ( 11 ) the damage suffered by the complainant and shall allow reasonable attorneys fees and.! 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