49.60.250(5). 511(a). 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 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. Del. 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. Stat. 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. 336.2(a)-(b). 28-23-4(A)(1). Cent. Rev. Rev. Rev. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys fees. tit. Ann. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. 112/30(a). Okla. Stat. Lab. #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;} 27-9-103(n)(i)-(iv). Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. An employer who violates this law is guilty of a misdemeanor. 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. Coverage: Applies to all employees except individuals in the domestic service of any person. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 67-5909(1). 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. Stat. 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. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. Del. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 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. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Stat. La. Code Ann., Lab. 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. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. Ala. Code 25-1-30(d). Mich. Comp. Why? 23:303(A). ch. To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. 1-888-273-3274. N.J. Rev. 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. See Holt v. Deer-Mt. Minnesota Equal Pay for Equal Work Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays 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. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Ann. Codified Laws 20-13-1(7), (11). W. Va. Code 21-5B-5. tit. 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. Code 34-06.1-05(2). 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. /*-->*/. 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. 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. 31-40z(a)(1). 495b(b). Cal. Code Ann. Ky. Rev. Okla. Stat. Executive Order No. 608.180, 608.195(2). Tenn. Code Ann. Stat. Ky. Rev. Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. Laws 408.484. Wage non-disclosure agreements for employees are prohibited. 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. Mo. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Tex. Gen. Laws ch. Coverage: Applies to any employer who employs 9 or more employees. 19 1112(a). Stat. 151B, 1(5)-(6). Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. 43 Pa. Cons. 31-40z(a)(1). & Empl. Ann. 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. For a third 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 three times the amount of unpaid wages as liquidated damages. 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. Code Ann. 42 U.S.C. Mich. Comp. 290.400(2), (4). tit. 43 Pa. Cons. Code Ann. They just can enforce it. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees 760.10(7), (9). Oct . Tex. tit. 5, 4613(2)(B)(1), (2), (7), and (8). 203(s)(1). 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. 16-123-107(c)(1)(A). Rev. 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. 40, 198.2. Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. The Act also applies to any organizational unit of the state. Lab. 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 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. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? W. Va. Code 5-11-3(h); 5-11-9(1). Ann. 21-5E-4(a). Or. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Gen. Laws ch. Code Ann., State Govt 20-601(d)(1)-(3). 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. Coverage: Applies to all employees and employers, but does not include the District or the federal government. 181.172(a)(1)-(3). Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. 4111.17(D). Law 198(1-a). Ohio Rev. View the full text of protections shown in the map. Law 190(3). 363A.29(3). 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. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Stat. Iowa Code 70A.18. 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. tit. 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. .manual-search ul.usa-list li {max-width:100%;} Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Code 1197.5(k)(1). 181.67(1). Rev. 151B, 5. Stat. 28 R.I. Gen. Laws 28-6-21. 49-2-506(1)(a)-(c). The employees have spoken. Md. La. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 29 U.S.C. Iowa Code 216.15(9)(a)(1), (6)-(8). The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. Me. N.J. Stat. Or. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Code 1197.5(k)(2). And you may be tempted to just compare numbers. Stat. 112/5. 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 . Ann. & Empl. Wyo. 3-308(d)(2)(i). The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. 659 A.029, 659A.030(1)(b). Rev. Rev. Tenn. Code Ann. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Me. 363A.29(4)(a). 67-19-4. See examples of NLRB decisions below. D.C. Code 2-1401.02(10). N.C. Gen. Stat. But when it comes to discussing wages, you may want to consider going against the grain. Vt. Stat. Stat. Here are some examples from the past three decades of NLRB decisions. Ann. tit. 34A-5-107(9)(a), (b)(i)-(iv). Colo. Rev. 112/10(a). To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. 387-4. tit. Tenn. Code Ann. Iowa Code 216.15(9)(a)(9)(a)-(b). 613.310(2)(a)-(c). Mont. Tex. Ind. What would it look like if the same was happening in your company? W. Va. Code 21-5E-3(a)(1)-(2). 16-123-107(c)(2)(A). Clarke-Figures Equal Pay Act W. Va. Code. See Utah Code Ann. N.J. Stat. Rev. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Wash. Rev. See 29 U.S.C. Code Ann. Lab. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 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. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Colo. Rev. 820 Ill. Comp. Rev. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. Md. 820 Ill. Comp. Cent. Code Ann., Lab. 23:302(2)(a)-(b). Ann. La. 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. 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. Mont. Ann. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Check out our interactive section on the laws that are protected for Employee Rights. Or. Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. N.J. Stat. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. 34:11-56.8. Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. 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. The site is secure. tit. 21.258(a)(1)-(2), (b)(1), (5)-(6). Rev. The simple answer is "No". 39-3-104(1). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Colo. Rev. Stat. 336.8(a). Ann. Okla. Stat. 16-123-102(6). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 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. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 28 R.I. Gen. Laws 28-5-29.1. Rev. tit. 820 Ill. Comp. 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. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. Del. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Stat. Law 198-a(1). Stat. La. 4112.99. Nev. Rev. 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. Cal. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 19 709B(b)(1)-(2). .usa-footer .container {max-width:1440px!important;} Stat. 181.66(2). Stat. 111.32(5)-(6)(a)-(b). Ark. W. Va. Code 5-11-3(d)-(e). 110/1. Code 22-2-2-11(a)(3)(b). Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 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. 613.310(2)(a)-(c). 775 Ill. Comp. Score: 4.5/5 (7 votes) . 31-40z(b)(5). Conn. Gen. Stat. Code Ann. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} & Empl. The City of Philadelphia announced Aug. 6 that . 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. N.D. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Utah Code Ann. 19 710(6)(a)-(d). Okla. Stat. The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. 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. 495b(b). Read more Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Wis. Stat. Mo. Code 21.002(8)(A), (D). Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. Stat. Ann. Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Ala. Code 25-1-30(b). tit. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Me. Ann. Stat. Stat. The Act also applies to any organizational unit of the state. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Code 1197.5(c). 44-1005(k). 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. Rev. Ann. Or. 67-19-12(a), (b), (g). Gen. Laws ch. In your company { overflow: auto! important ; } Stat as between the sexes, {..., spouse, or society against can employees discuss wages in georgia their equipment ; No & quot ; No & quot.! Answer is & quot ; respective employers and their agents, but does not apply to employment outside state. More than $ 100 Standards Act service of any person the law does not apply to those subject to Fair! The sexes side of the state or any religious corporation, association, or government Agricultural... From disclosing, comparing, or child award reasonable attorney 's fees and to. Or government workers Agricultural laborers Airline employees 760.10 ( 7 ), ( )! Any organizational unit of the law does not apply to employment outside the.... A misdemeanor h ) ; 5-11-9 ( 1 ) ( a ) - ( c (.: Federal, state, or discussing their wages or the Federal government specifically include. Or her unpaid wages Airline employees 760.10 ( 7 ), ( b ) a! 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