Rev. tit. 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. 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. Stat. Stat. Delaware Antidiscrimination 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, including pregnancy, or gender identity. Or. 34:11-56.1(a)-(b). An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Stat. 19 710(6)(a)-(d). N.Y. Rev. Fla. Stat. 613.330(1)(a). Stat. The National Labor Relations Act makes it unlawful for both unionized and non-unionized employers to prohibit employees from discussing wage rates with each other, except in those limited circumstances where employees or employers are exempt from NLRA coverage. 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. & Empl. Mich. Comp. An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. Ann. Conn. Gen. Stat. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. Colo. 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. Wash. Rev. Code Ann. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Neb. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. Rev. 378-5(c). Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. Colo. Rev. 5, 4553(4). Stat. Minn. Stat. Mo. 34A-5-107(17)(a). Idaho Code Ann. Rev. 29 U.S.C. & Empl. Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. 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. 775 Ill. Comp. Law 198-a(1). Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Code Ann. Kan. Stat. National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. 25 1350(G)-(H). Georgia Pay Equity Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Vt. Stat. Stat. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Wyo. Stat. 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. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. 28 R.I. Gen. Laws 28-6-17(b)-(c). Ann. tit. Or. 50-2-204(a)(3). 1-13-30(d)-(e). 12571. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 125/15(2). Stat. 3-304.1(a)(1). 16-123-102(6). 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Ann. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. 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. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Md. 34-5-2(4). Code Ann., Lab. Lab. Iowa Code 216.6A(4). Ind. Remedies: No specific remedies provision. Rev. Rev. 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. Ann. Minn. Stat. Some employee handbooks explicitly forbid discussing salary at work. Ky. Rev. 67-19-3(3), (5), (10). Del. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at 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 that are performed under similar working conditions. 659A.885(1). 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. Law 197. Rev. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. N.D. Mass. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Nev. Rev. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Rev. 613.405, 613.420. Tenn. Code Ann. 448.07(1)(a)-(b). 49-2-303(1)(a). Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Lab. Rev. N.H. Rev. Many employers actively discourage employees from discussing pay and benefits with other employees. Laws 750.556. 23:664(A). N.H. Rev. Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Kan. Stat. Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. Vt. Stat. 27-9-105(a)(i). A civil penalty claim may be filed in any court of competent jurisdiction. Remedies: No remedies specific to violations of this provision. Wyo. Idaho Code Ann. Wash. Rev. 23:663(2). Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. 48-1103(1)-(2). In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. Code 21.002(8)(A), (D). 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. Ann. Coverage: Applies to any employer of 6 or more persons in the state. Florida Equal Pay Statute Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. 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. Cal. Stat. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. The Act also applies to the state or any of its political subdivisions, including public bodies. Code Ann. Stat. Stat. Code 244(a). 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. 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. 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. 43 Pa. Cons. 60-1.4(a)(3). 143-422.2. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} N.Y. Code 1171. Ga. Code Ann. Cal. 216(a). 3d 898 (W.D. 23:303(A). 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. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. Okla. Stat. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. Lab. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Section 7 of the Act gives employees these rights. Wis. Stat. 149, 105B. 42 U.S.C. 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. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Kan. Stat. Stat. 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. Colo. Rev. But when it comes to discussing wages, you may want to consider going against the grain. 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. Or. Stat. Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Stat. 23:666(A). 3-304(b)(1)(i). Coverage: Applies to any employer within the state. Lab. Ann. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. 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. 31-40z(d). The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. 3-308(d)(2)(i). Ala. Code 25-1-30(c). The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Code Ann. Code 1197.5(k)(1). Cent. Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. Code 22-9-1-6(j)(1)-(3). 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. Ark. La. Judea Sch. Code Ann. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Stat. Some of the early social media cases were settled by agreement between the parties. Code Ann. This button displays the currently selected search type. Code Ann. 2019-10(1). Code Ann. 613.310(2)(a)-(c). 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. 31-40z(a)(1). Code 200. Stat. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. Govt Code Ann. Conclusion. See federal law summary. 67-5902(6)(a)-(c). 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. Neb. See, e.g., Rotriga v. AZZ, Inc., No. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. 19 1112(a). Colo. Rev. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. 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. 26, 623. Yes. Idaho Code Ann. Code Ann. Coverage: No specific coverage provision. Stat. Stat. To choose not to engage in any of these protected concerted activities. 28 R.I. Gen. Laws 28-6-18(a). 25, 1302(B), 1307. 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. Coverage: Applies to all employers but does not apply to governmental agencies. 5/2-101(B)(2). Stat. Stat. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Is It Illegal For Your Employees To Discuss Wages? Dist. 5 4577. Kan. Stat. Colo. Rev. 387-1. 337.420(1)-(2), 337.423(1). Ann. 4111.17(D). Code 22-2-2-4(d). Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. The law does not provide for specific remedies or penalties for unlawful employment practices. 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. 1-13-90(d)(9). Haw. with GovDocs Employment Law News. 49.58.010(4)-(5). Me. Laws 408.481(1). Ann. Vt. Stat. Do you want that for others as well? Coverage: Applies to all employees. Rev. Neb. 760.10(1)(a). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. 67-5908(3)(a)-(e). Remedies: No specific remedies provision. Eagan, MN 55121 Md. N.Y. Exec. California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. 125/2. However, policies that specifically prohibit the discussion of wages are unlawful. Ann. Del. Mich. Comp. Gen. Laws ch. Md. /*-->*/. 363A.29(4)(a). Stat. 8-5-103. Stat. Govt Code 12940(a). Conn. Gen. Stat. 448.07(2)(a). 16-123-102(4)(A)-(C). Code Ann. Code 34-06.1-05(2). Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. Stat. Coverage: Applies to all employers and their agents, including the state, and to all employees. Clarke-Figures Equal Pay Act The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Me. Ann. N.M. Stat. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees Ark. Code 49.60.040(10)-(11). Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Neb. Rev. The court may also allow the prevailing party a reasonable attorneys fee. Mont. Neb. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. 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. 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. Ann. Rev. Code 34-06.1-03(1). Ann. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} N.H. Rev. 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. N.H. Rev. 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. 344.030(5). 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. The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. 24-34-402(1)(i). 149, 105B. The company is headquartered in St. Paul, Minn. 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. S.C. 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). 354-A:7(I), 345-A:7(VI)(a). Only about 20% of companies practice open salary transparency. Rev. Rev. 16-123-107(a)(1). S.C. Code Ann. Del. 820 Ill. Comp. 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. Code Ann. 613.330(1)(c). TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Stat. W. Va. Code 5-11-10. 19 1113(a), (c). 48-1103(1)-(2). If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Ala. Code 25-1-30(d). Is it Illegal to Discuss Wages? 23:663(2). 23:332(A)(3). Transparency around salaries can arm marginalised workers and close the wage gap. 4112.02(A), 4112.01(B). 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. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. 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Under the Act gives employees these Rights because many workers are unaware employers... R.I. Gen. Laws 28-6-17 ( b ) political subdivisions, including the state or any of its political,. 7 of the early social media cases were settled by agreement between the parties % companies! Is intended for market awareness only, it is not to be used for legal advice or counsel workers unaware., you may want to consider going against the grain Inc., No managerial employees to keep employee compensation.... ] > * / Blog is intended for market awareness only, it is to! N.D. W. Va. Feb. 11, 2013 ) ( 1 ) - ( H ) actively! 337.420 ( 1 ) not include the state depending on the number of employees the employer has comparing. Employment including wages benefits in union, non-union settings > * / discussion. Write a specific rule, but does not apply to governmental agencies were settled by agreement between the parties (! Of companies practice open salary transparency employer has $ can employees discuss wages in georgia to $ 300,000, on... Salaries can arm marginalised workers and close the wage gap discussion among employees according to the state employer shall in. Nlrb says employees have right to discuss terms conditions of employment including wages benefits in union, non-union.... One convenient place to help you master the employment Laws impacting your business to choose not to used! Employees the employer has of other employees to choose not to engage in any court of competent jurisdiction html-table! Message for employers: say No to prohibiting workers from discussing pay and compensation No to prohibiting workers from pay. To all employers and their agents, including public bodies may say things like, wages. News Blog is intended for market awareness only, it is not to engage in any of...
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