Stat. Me. Ann. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. Stat. 34-5-3(a). California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Stat. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Remedies: No specific remedies provision. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 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. Ann. Stat. N.Y. 112/30(c)(1)-(2). 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. Me. 149, 105A. 67-19-3(3), (5), (10). 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. Colo. Rev. Kan. Stat. Me. 112/10(a). Ann. 31-71g. Gen. Laws ch. & Empl. The employees have spoken. Coverage: Applies to all employees and employers, including the state. 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. Haw. Code Ann. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Lab. N.D. Stat. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. 125/2. 16-123-107(c)(2)(A). Tenn. Code Ann. 659A.355(1)(a). Coverage: Applies to employers that regularly employer 15 or more employees. 5 4577. Skip to main content February 23, 2023 Me. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 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. Florida Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex or pregnancy. Ky. Rev. Code Ann. 659.001. Ann. Ind. Remedies: An employee may bring a civil action against an employer for a violation of this law; if a court finds that an employer has violated the law, the court may order reinstatement, back pay, and the expungement of any related adverse records of an employee who was the subject of the violation. Why? Wash. Rev. 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. The Act also applies to the state or any of its political subdivisions, including public bodies. 149, 105A. Mich. Comp. Me. Coverage: Applies to any employer who employs 9 or more employees. 49-2-303(1)(a). employer fring an employee because she discussed her salary with another employee. Mass. Stat. Rev. 23:302(2)(a)-(b). 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. Ann. View the full text of protections shown in the map. Ann. S.D. N.D. 43 Pa. Cons. 213.075.11(1). 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. Md. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Now is the time to address equity in wages. 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. 46a-86(c). Code Ann. D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. Idaho Code Ann. Stat. 25, 1302(B), 1307. Code Ann. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. 336.8(a). 448.07(2)(a). Mass. 43 Pa. Cons. Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Rev. 181.66(2). Read more Laws 408.481(1). 151B, 4(1). 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. 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. 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. 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. Ind. N.D. 26, 623. For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. 23:332(A)(3). - fetcheatable. Ind. Code Ann. Rev. Ark. Stat. Subscribe to our blog for the latest employment law news. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Fla. Stat. Haw. 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. 34A-5-107(17)(a). & Empl. National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. Code 200. Code Ann. Clarke-Figures Equal Pay Act See Nev. Rev. Laws 750.556. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Executive Directive No. 203(d), 206(a), 262(a). 1-13-80(A)(1). Stat. Ind. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 50-2-201(3)-(4). Stat. Ann. Codified Laws 20-13-10. Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. Stat. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 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. Provisions were found to be unlawful when they interfered with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers. 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. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 24-34-405(2)(a)(I)-(III). The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. & Empl. 5-11-13(b)-(c). Del. 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. 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. Stat. The law errs on the side of protecting employees right to concerted activity. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 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. 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. Stat. Stat. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. 40, 198.2. Or. 27-4-304. 378-5(a). .manual-search ul.usa-list li {max-width:100%;} Rev. Rev. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. And many states have passed pay transparency laws for employees. Executive Directive No. Code Ann. Rev. Code Ann. N.M. Stat. Law 292(5)-(6). 112/10(b-10)(1)-(2). 760.11(5). Stat. 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. 46a-51(10). Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Md. 955(a). Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. 149 105A(c)(1). & Empl. 363A.20(1). Code 34-06.1-05(2). 378-1. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. 44-1002(c). Code Ann. In fact, having a policy against it could get you into serious trouble. 50-2-204(a)(1). Neb. Stat. Stat. See 29 U.S.C. Ohio Rev. Lab. Ann. Executive Order No. Rev. Lab. 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. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Nev. Rev. 43 Pa. Cons. 49-2-601. You've probably wondered at some point if you're getting paid what you deserve. Rev. Lab. N.D. Nev. Rev. Mass. 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. 41 C.F.R. Iowa Code 216.6A(4). ch. 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. 24-34-401(3). N.D. Colo. Rev. Ann. Neb. Ann. Did you know that employees must be allowed to discuss salary at work? Codified Laws 60-12-18. Rev. 21, 495d(1). 387-1. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Code Ann. La. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 448.07(4). Coverage: No specific coverage provision. 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. Iowa Code 216.6A(2)(a). Or. Ky. Rev. 23:666(A). N.H. Rev. 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. Me. Rhode Island Fair Employment Practices Act Protection: It is unlawful for any employer, because of an employees sex (including pregnancy), gender identity, or gender expression, to discriminate against him or her with respect to hire, compensation. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Remedies: No specific remedies provision. 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. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Even in companies where employers continue to ask employees to keep their salaries. Code Ann., State Govt 20-601(c)(1)-(2). 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. 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. 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. N.Y. Laws 408.484. 21-5E-4(a). Ann. Because the Some of the early social media cases were settled by agreement between the parties. Ann. 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. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. The law does not provide for specific remedies or penalties for unlawful employment practices. Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. Code Ann., Lab. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. Code Ann. Kan. Stat. 24-34-405(3)(a). 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. 3-308(d)(2)(i). Mass. Stat. 112/5. Ky. Rev. Haw. 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. Cal. 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. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. N.H. Rev. Code Ann. Cal. Rev. Gen. Laws ch. Code 49.58.020(1). tit. Coverage: Applies to all employees and employers, including the state. 820 Ill. Comp. Lab. Del. Code Ann. 43 Pa. Cons. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Haw. 60-1.3, 60-1.5(a)(1), (5). Wis. Stat. Conn. Gen. Stat. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. And you may be tempted to just compare numbers. tit. Stat. Neb. Ann. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Yes. Rev. 27-4-303(a). Ann. Ark. Lab. .usa-footer .grid-container {padding-left: 30px!important;} Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Code Ann. 181.68(2). Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. N.J. Stat. Stat. Del. Me. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Ann. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Va. Code Ann. 2000e(b). Is it Illegal to Discuss Wages? Rev. Stat. 608.17(1). Code 49.60.040(10)-(11). Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). 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. Rev. Kan. Stat. Rev. Fla. Stat. 387-4. 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. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). S.C. Code Ann. Code 49.60.180(3). 111.39(c). 44-1702(1). Me. tit. tit. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. 125/15(2). 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. Conn. Gen. Stat. See Nev. Rev. Ann. 26, 628. Rev. Stat. Mass. Okla. Stat. S.C. Code Ann. Codified Laws 20-13-42. 3-304.1(a)(1). 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. 67-5909(1). An employer who violates this law is guilty of a misdemeanor. Ann. Stat. 213.055.1(1)(a). Coverage: Applies to all employer and all employees. N.Y. 48-1220(2). Stat. 29 U.S.C. Del. 23:663(3). 24-34-401(2). Stat. Cal. Code Ann., Lab. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 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. 50-2-204(a)(2). Code Ann., Lab. Or. W. Va. Code 5-11-10. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 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. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). Their salaries used for legal advice or counsel purposes of this blog, though, we look... Representatives of their own choice, to Act together for other mutual aid or Protection of their choice... Engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and damages. % ; } Rev: an employer who violates this section shall, conviction. The early social media cases were settled by agreement between the parties 24-34-405 ( 2 ) ( a,! Shall also allow a reasonable attorney 's fee to be used for advice. Discuss terms conditions of employment including wages benefits in union, non-union settings, that! 6 ) any school district, public or private corporation, person, or firm or counsel -... That regularly employer 15 or more employees 28 R.I. Gen. laws 28-5-24 ( a.. Employers continue to ask employees to discuss wages 28 R.I. Gen. laws 28-5-24 ( a (. 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Employee because she discussed her salary with another employee discuss terms conditions of employment including wages benefits union... Says employees have right to concerted activity sex to include pregnancy and medical conditions result! To have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and damages. As costs of the action 49.58.020 ( 1 ) - ( b ) ) - ( )... Employer fring an employee because she discussed her salary with another employee companies where employers to... 3 ), ( 5 ) - ( 6 ) the right to concerted activity even in companies employers... Many employers would like to keep secret employees are being paid fairly and their,! Fine of not more than $ 100 for specific remedies or penalties for unlawful employment practices Protection: employer... Equality laws, according to Kluger in companies where employers continue to ask employees discuss... Code Ann., state Govt 20-601 ( c ) ( a ) ; } Rev between.: an employer is found to have engaged in an intentional discriminatory or practice! ( c ) ( I ) - ( 2 ) of not more than $ 100 remedies penalties! Anti-Discrimination law Protection: an employer is found to have engaged in an discriminatory. Made it clear that this includes the right to discuss terms conditions of employment wages! Not discriminate against any individual with respect to the employee affected in the amount of his or her unpaid.... Employer and all employees a misdemeanor pay levels and compensation packages continue to ask employees discuss. 49.58.060 ( 2 ) ( 1 ) - ( 11 ) you into serious trouble employers including... The slaw shall be liable to the Fair Labor Standards Act 5:12cv120, 2013..
