Code Ann., Lab. Minn. Stat. /*-->*/. Fla. Stat. Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Stat. 34:11-56.2. Ann. Md. 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. Stat. Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. 2000e(b). Idaho Code Ann. Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Code Ann. Lab. 4-21-401(a)(1). Del. Mass. Ark. Neb. Mich. Comp. West Virginia Equal Pay for Equal Work for State Employees 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 the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. Colo. Rev. The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. .manual-search ul.usa-list li {max-width:100%;} Coverage: No specific coverage provision. This blog was originally published in April 2014. 28 R.I. Gen. Laws 28-5-29.1. Employers legally may not discipline or terminate employees for discussing their pay at work. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Cal. Code Ann. 50-2-204(a)(3). Stat. La. 1-888-273-3274. Coverage: Applies to individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Stat. 50-2-206. 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. Stat. 34A-5-106(1)(a)(i)(C), (J). 16-123-107(c)(1)(A). 363A.08(2)(3). & Empl. Md. Nev. Rev. Code Ann. 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. Conn. Gen. Stat. 28-23-3(A). Mo. 149, 1. Ann. Wis. Stat. Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 23:332(A)(3). 1-13-30(h). If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Mich. Comp. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. And you may be tempted to just compare numbers. 495(a)(8)(D). Code Ann. Mass. W. Va. Code 21-5E-3(a)(1)-(2). Stat. 2019-10(1). The simple answer is "No". 43 Pa. Cons. 613.310(2)(a)-(c). 387-1. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Mo. 34A-5-107(17)(a). 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. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Md. Mont. Ark. Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. 387-12(d)(1). 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. Code Ann. Neb. 760.10(7), (9). Del. Ann. Nev. Rev. 40.1-28.6. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Lab. tit. 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. 659A.885(1). Employee compensation is a sensitive subject, one that many employers would like to keep secret. .manual-search-block #edit-actions--2 {order:2;} 336.2(a)-(b). Ohio Rev. Ann. N.D. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Is It Illegal For Your Employees To Discuss Wages? Del. 34:11-56.1(a)-(b). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Ann. And many states have passed pay transparency laws for employees. 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. Ky. Rev. 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. 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? Code Ann. 46a-86(c). Gen. Laws ch. 8-5-103. 48-1223(5). Code 21.002(7), (8)(C). Mich. Comp. The answer usually surprises them. 2000e-2(a)(1). 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. 659A.355(1)(a). Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Subscribe to our blog for the latest employment law news. Stat. Va. Code Ann. Code Ann. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. 363A.29(4)(a). Ann. Ark. Okla. Stat. 511(a). 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. Vt. Stat. Coverage: Applies to public and private employers. 48-1103(1)-(2). 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. Wash. Rev. Laws 408.481(1). 275:39. GovDocs, Inc. Rev. 45-19-38(b), (c)(1). 27-4-303(a). W. Va. Code. 181.70. Ark. Stat. Tenn. Code Ann. Stat. 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. Stat. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. 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. 93(3)(a). Rev. 149, 1. Rev. Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the 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 fees. Ann. 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. .table thead th {background-color:#f1f1f1;color:#222;} Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. Kan. Stat. 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. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. 10:5-12(r). 354-A:2(VI)-(VII). 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. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. Code Ann. Code 14-02.4-03(1). National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. Ark. Mont. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Rev. 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. Wyo. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. Lab. N.H. Rev. Codified Laws 20-13-42. 31-71g. Mass. Tenn. Code Ann. Code 22-2-2-11(a)(3)(c). Stat. Remedies: No specific remedies provision. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. Only about 20% of companies practice open salary transparency. Stat. Coverage: Applies to employers that regularly employer 15 or more employees. Code Ann. 49.60.250(5). Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. 378-5(c). 378-1. 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." Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. D.C. Code 2-1401.02(10). See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Ga. Code Ann. 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. Ann. 67-5908(3)(a)-(e). 31-40z(b)(1)-(4), (6)-(7). Ann. 151B, 5. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). Lab. Applies to all employers, including the state, that employ 3 or more persons. 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 of liquidated damages. N.M. Stat. The new requirements become effective on July 1, 2007. The Act also applies to the state or any of its political subdivisions, including public bodies. 42 U.S.C. Utah Code Ann. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). 820 Ill. Comp. Code 34-06.1-09. Codified Laws 60-12-18. Ind. 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. See Utah Code Ann. Mass. 23:663(3). Colo. Rev. Ann. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. tit. Rev. 448.07(3). tit. 10:5-5(e)-(f). 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. Stat. 46a-86(a)-(b). To choose not to engage in any of these protected concerted activities. Stat. 48-1220(2). 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. Code Ann. 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. Cal. 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. 8-5-102. 5, 4553(4). 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. The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. 19 710(7). Code 14-02.4-02(7)-(8), (13). Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). D.C. Code 32-1451(1)-(2). 5, 4572(1)(A). 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. See 29 U.S.C. 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. 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. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 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. Tenn. Code Ann. 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. See 29 U.S.C. 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. They just can enforce it. Ann. Executive Directive No. Gen. Laws ch. Gen. Laws ch. tit. 3-308(d)(2)(i). D.C. Code. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 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. Iowa Code 216.15(9)(a)(1), (6)-(8). 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. N.H. Rev. 112/10(b-5). 28-1-11(E). Colo. Rev. Stat. Code Ann. 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. 110/1. Gen. Laws ch. 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. & Empl. Laws 750.556. N.M. Stat. Code Ann. 1305 Corporate Center Drive Keep Informed Me. 24-34-405(3)(a). 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. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Code Ann. Rev. Stat. 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. Code 1197.5(c). Mont. Stat. Ark. #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;} Ann. Cent. Share your salary and compare it with millions of professionals. Stat. 275:41-b(I)-(II). 28 R.I. Gen. Laws 28-5-6(7)-(8). Ind. Many employers actively discourage employees from discussing pay and benefits with other employees. Rev. Neb. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Stat. 820 Ill. Comp. Rev. Lab. Minn. Stat. Code 22-2-2-3. Coverage: Applies to all employees and employers, including agents of employers. 44-1211(a). 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. Laws 408.484. 820 Ill. Comp. & Empl. Stat. 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. 27-4-302(a). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. 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. 203(s)(1). Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Ann. 143-422.2. 31-40z(b)(5). 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: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Mass. Code 34-06.1-05(2). 820 Ill. Comp. Score: 4.5/5 (7 votes) . Mich. Comp. Conclusion. 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. Stat. Haw. 25, 1301(1)(a)-(b). 21.051(1). Code Ann. 149, 105B. Prior salary shall not justify any disparity in compensation. Code Ann. 5/2-101(A)(1)(a)-(c). p.usa-alert__text {margin-bottom:0!important;} Rev. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Although the Act protects union and non-union workers alike, there are limitations. D.C. 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