Rev. Colo. Rev. Idaho Code Ann. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. 11-4-601(a). Haw. 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. 44-1009(a)(1). 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. Stat. Ann. Stat. Remedies: No remedies specific to violations of this provision. 41 C.F.R. 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. tit. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. Stat. Stat. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 613.310(2)(a)-(c). Wage non-disclosure agreements for employees are prohibited. See federal law summary. 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. Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid 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. Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. Fla. Stat. Stat. Lab. Code Ann. Conn. Gen. Stat. Stat. 41 C.F.R. Law 297(4)(c)(i)-(ii), (vi). 363A.03(16). The court may also allow the prevailing party a reasonable attorneys fee. 275:40. You've probably wondered at some point if you're getting paid what you deserve. 67-19-4. Code Ann. N.H. Rev. Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employers household. For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board ( NLRB) and an April 2014 Executive Order from former President Obama. Codified Laws 60-12-18. N.J. Stat. A civil penalty claim may be filed in any court of competent jurisdiction. tit. Lab. Stat. Stat. 27-9-105(a)(i). 181.67(1). Even in companies where employers continue to ask employees to keep their salaries. Stat. Stat. N.J. Stat. Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Stat. 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. 820 Ill. Comp. Ga. Code Ann. Stat. Del. 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. 760.10(1)(a). OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. Coverage: Applies to any employer, including the state. Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. Rev. Rev. 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. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. 19 710(7). Nev. Rev. 67-19-3(3), (5), (10). 387-4. 112/10(b-10)(1)-(2). 10:5-5(e)-(f). Ann. Ann. Conclusion. 12571. Ann. D.C. Code 2-1402.11(a)(1). Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. Wyo. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. 5/2-101(B)(2). Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. 820 Ill. Comp. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. 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. 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. Coverage: 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. 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. N.H. Rev. Code Ann., Lab. Utah Code Ann. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. 354-A:21(II)(d). 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. 275:38-a(I)(b). Code 14-02.4-20. Del. 28 R.I. Gen. Laws 28-5-6(7)-(8). 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. 46a-51(9). Code Ann. 337.423(1). Haw. Md. 28-23-3(A). 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. 23:303(A). Fla. Stat. 40, 198.2. Del. Tex. Mich. Comp. 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. Stat. Stat. Code Ann. Gen. Laws. 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. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. Kan. Stat. Stat. Stat. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 275:39. Rev. 23:342(1). If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. 344.230(2)-(3)(a), (e)-(f), (h). Cal. Gen. Laws ch. 5 4577. 820 Ill. Comp. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. Ann. Ann. .usa-footer .container {max-width:1440px!important;} N.Y. 43 Pa. Cons. Stat. N.J. Rev. Neb. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Ann. 149, 105A. Cal. Colo. Rev. Many employers actively discourage employees from discussing pay and benefits with other employees. 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. 27-4-304. 613.405, 613.420. 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. Ky. Rev. 363A.20(1). Tex. Law 292(5)-(6). Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Code Ann. Rev. Code Ann. Ann. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. N.M. Stat. Code Ann., Lab. 31-40z(b)(1)-(4), (6)-(7). Nev. Rev. 216(a). Del. Ann. Mass. 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. Stat. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Md. Ark. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Rev. Neb. 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. 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. Nev. Rev. Code 34-06.1-03(1). Ann. Executive Directive No. Cent. Ark. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 2019-10(1). Kan. Stat. 363A.08(2)(3). Code Ann. Code 21.002(8)(A), (D). Stat. D.C. Code 2-1401.02(10). Code Ann., Lab. 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. The law allows employees to discuss their wages with other employees. In Colorados 2008 Wage Transparency Act (S.B. Gen. Laws ch. 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. Rev. Gen. Laws ch 151B, 5. Code 49.60.040(10)-(11). Code Ann. Ala. Code 25-1-30(d). Executive Directive No. Laws 408.481(1). Wyo. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. La. Tenn. Code Ann. Ann. 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. Lab. .usa-footer .grid-container {padding-left: 30px!important;} S.C. Code Ann. Code Ann. If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? 775 Ill. Comp. 67-19-12(a), (b), (g). S.D. N.D. 39-3-104(1). Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. 23:302(2)(a)-(b). Rev. Stat. 149, 105B. Tex. 50-2-204(a)(3). 48-1223(5). 42 U.S.C. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. The company is headquartered in St. Paul, Minn. 122), Colorado employers are prohibited from retaliating against employees for sharing wage information and from requiring employees to sign document purporting to deny the right to discuss pay information. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Stat. Oct . See Utah Code Ann. Stat. Me. 93(3)(a). Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. 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. 28 R.I. Gen. Laws 28-6-17(b)-(c). Stat. Code 21.002(7), (8)(C). Mont. Code Ann. Wyo. Stat. 4112.02(A), 4112.01(B). p.usa-alert__text {margin-bottom:0!important;} 45-19-38(d). Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. 760.10(7), (9). Dist., 135 F. Supp. Vt. Stat. Coverage: Applies to any 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. 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. Rev. 659A.885(1). North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. tit. 19 1113(a), (c). Colo. Rev. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 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. 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. Ann. La. Stat. Nev. Rev. Ann. 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. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. 5/8A-104(A)-(C), (G), (J). 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. Mich. Comp. 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. W. Va. Code Ann. Wash. Rev. Or. 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. Conn. Gen. Stat. Transparency around salaries can arm marginalised workers and close the wage gap. Ohio Rev. Laws 37.2202(1)(a). Stat. Conn. Gen. Stat. Mont. Neb. 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. 24-34-401(3). Code Ann. Stat. Codified Laws 60-12-15. 2019-10(2). 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. And many states have passed pay transparency laws for employees. The Act also applies to any organizational unit of the state. Share your salary and compare it with millions of professionals. Okla. Stat. 19 709B(h)(1). An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Va. Code Ann. Mass. Stat. Stat. In fact, having a policy against it could get you into serious trouble. Cal. 25, 1302(B), 1307. tit. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. 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. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. 45-19-29(1). N.D. See Nev. Rev. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Conn. Gen. Stat. Md. In other words, if you lost wages as a result of getting injured, a single attorney. Ky. Rev. Stat. Coverage: No specific coverage provision. Utah Code Ann. The site is secure. Del. Remedies: Any employee whose compensation is at a rate that is in violation of 181.67 may recover against an employer the amount of the unpaid wages for the 1 year period preceding the commencement of the action, and an equivalent amount as exemplary damages. 378-5(b). 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. 28 R.I. Gen. Laws 28-6-21. Neb. 24-34-405(2)(a)(I)-(III). 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. Code 22-2-2-3. 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. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Rev. 112/5. But know that if you create a similar policy, you can't enforce it. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Ark. Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. Stat. Haw. See 29 U.S.C. 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 . Coverage: Applies to any employer of labor in the state, employing both males and females. Colo. Rev. Minn. Stat. An employer who violates this law is guilty of a misdemeanor. Mich. Comp. Code 49.60.180(3). Govt Code 12940(a). Stat. Okla. Stat. 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. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 48-1221(1). 495b(c). The National Labor Relations Act has been in place for nearly 90 years. Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Ann. 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: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. Stat. 5, 4553(4). Colo. Rev. 34A-5-106(1)(a)(i)(C), (J). Stat. 19 1101(a)(3). Coverage: Applies to all employees except individuals in the domestic service of any person. 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. 24-34-402(1)(i). 820 Ill. Comp. Stat. Lab. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Ann. Iowa Code 216.6A(4). 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