Conn. Gen. Stat. Stat. Ann. 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. 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. 31-40z(a)(1). 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. Ga. Code Ann. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. An agency within the U.S. Department of Labor, 200 Constitution AveNW Cal. 143-422.2. Ga. Code Ann. Rev. Code Ann. 16-123-102(6). Coverage: Applies to all employees and employers, including the state. 19 715(1)(a)-(d). tit. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. & Empl. 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. 19 1113(a), (c). Why? Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. 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. Remedies: No specific remedies provision. 11-4-607(1)(B). 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. Conn. Gen. Stat. Ann. 378-2.3. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. 111.39(c). Code Ann., State Govt 20-601(d)(1)-(3). Code Ann. 45-19-22(5). Ann. tit. But know that if you create a similar policy, you can't enforce it. 181.68(1). 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. 16-123-107(c)(2)(A). Stat. Do you want that for others as well? You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Haw. 24-34-405(3)(a). Idaho Code Ann. Tenn. Code Ann. 23:664(A). Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. Stat. Code Ann. See 29 U.S.C. Stat. N.J. Rev. Ann. Mass. Gen. Laws ch. Mich. Comp. Rev. Lab. 49.58.010(5). 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. Ohio Rev. Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Code 1171. Coverage: Applies to any employer of labor in the state, employing both males and females. 275:41-b(I)-(II). Stat. Lab. 19 709B(h)(3). 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. Laws 408.484. N.M. Stat. Neb. Codified Laws 20-13-10. with GovDocs Employment Law News. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. Utah Code Ann. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. 48-1223(1)-(2). Coverage: Applies to all employees and employers, but does not include the District or the federal government. 8-5-104. Rev. 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. Employee compensation is a sensitive subject, one that many employers would like to keep secret. N.D. 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. Code 1197.5(k)(1). Stat. Stat. 448.07(1)(a)-(b). 387-12(a)(2), (a)(4). Del. Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. Stat. You've probably wondered at some point if you're getting paid what you deserve. The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. 67-19-3(3), (5), (10). 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. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. 5/2-102(A). Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Okla. Stat. Stat. On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. 613.405, 613.420. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. Coverage: Applies to all employees. Code 22-9-1-3(i)(1)-(2). 26, 626-A. Rev. 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 28-6-18(a). Coverage: Applies to all employees and employers, including agents of employers. Conn. Gen. Stat. Rev. Wyo. 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. 112/10(b-5). Wyo. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. The answer usually surprises them. Rev. Or. tit. Individuals employed by their parents, spouse, or child are not protected. Kan. Stat. Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. Code 49.58.020(1). New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. 820 Ill. Comp. Stat. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. 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. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. 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. Ann. 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. 93(5)(a). 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. Rev. Cal. 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. Ann. 67-19-4. Colo. Rev. 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. 28 R.I. Gen. Laws 28-6-17(b)-(c). Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. 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. Me. 48-1220(2). 48-1119(4). 11-4-607(2). 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. 125/15(2). Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Okla. Stat. Stat. . Ann. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 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 but does not apply to governmental agencies. Stat. Rev. Ann. Subscribe to our blog for the latest employment law news. Gen. Laws ch. 60-1.3, 60-1.5(a)(1), (5). Code Ann. Neb. 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. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Coverage: Applies to all employers, including the state, and all employees. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. 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. 954(b)-(c). 34:11-56.2. 24-34-401(2). 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. Its long been considered taboo to discuss how much youre making with your co-workers. Virginia Equal Pay 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 at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 44-1701(1)-(2). 28 R.I. Gen. Laws 28-5-24(b). tit. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Individuals elected to public office may be considered employers, but are not considered employees. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Me. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. 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. Or. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 11-4-608. Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Coverage: Applies to any employer who employs 9 or more employees. 19 1101(a)(3). 31-40z(b)(1)-(4), (6)-(7). 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. They just can enforce it. 181.70. Ann. 110/1. Code Ann. 49.58.040(1)(a)-(b). Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. 181.66(3). 49-2-101(10)(a), (11). An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. 21.051(1). Minn. Stat. Code Ann., Lab. 26, 626-A. Clarke-Figures Equal Pay Act Gen. Laws ch 151B, 5. Ann. Code 34-06.1-05(2). 5-11-13(b)-(c). Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 5, 4572-A(1). 112/5. Stat. tit. Laws 37.2202(3). Kan. Stat. See Nev. Rev. 46a-86(c). Me. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 149, 1. 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. Code Ann., Lab. Code Ann. N.D. Stat. 378-5(b). If employer policies requiring pay secrecy are unlawful, why are they still so common? 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. Stat. 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. 19 711(a)(1). Code Ann. Cent. 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. Lab. Rev. 363A.08(2)(3). 67-19-29. In fact, having a policy against it could get you into serious trouble. Haw. 652.220(1)(a)-(d). .agency-blurb-container .agency_blurb.background--light { padding: 0; } In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Stat. Is It Illegal For Your Employees To Discuss Wages? Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Code Ann., Lab. Stat. 387-1. Wyo. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. Ind. West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individuals sex with respect to compensation if the individual is able and competent to perform the services required. 112/10(b). 25 1350(G)-(H). 28-1-2(B), (E). Neb. Ark. Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. 213.075.11(1). Code Ann. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. 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. 337.427(1). Code Ann. Stat. Code 34-06.1-03(1). Stat. Minn. Stat. Code Ann. 336.8(a). 5/2-101(B)(2). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 511(a). 26, 623. 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. Stat. Cent. tit. 21.2585(d)(1)-(4). Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. tit. 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. 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. 21-5E-4(a). N.H. Rev. Haw. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Did you know that employees must be allowed to discuss salary at work? Fla. Stat. 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? Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Rev. The company is headquartered in St. Paul, Minn. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar 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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