Tex. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 43 Pa. Cons. Laws 37.2202(3). D.C. 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. Ky. Rev. Stat. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Coverage: Applies to all employees except individuals in the domestic service of any person. And many states have passed pay transparency laws for employees. Stat. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. 2019-10(2). Code Ann. Mass. Minn. Stat. Stat. 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. Stat. Iowa Code 70A.18. Code Ann. 31-40z(a)(1). Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Remedies: The Executive Order does not create a private right of action. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Code Ann. Wash. Rev. 344.030(5). 23:663(2). Minn. Stat. 49-2-101(10)(a), (11). 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. 43 Pa. Cons. Rev. See 29 U.S.C. Ark. Ann. 46a-60(a)(1). W. Va. Code 5-11-3(h); 5-11-9(1). Wyo. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. 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. 659A.885(1). 181.70. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Executive Directive No. 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. Idaho Code Ann. Stat. Ann. 93(2). Code Ann., Lab. Yes. 12571. 49-2-601. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Together, we can close the gender and racial wage gap. 21-5B-4(1)-(2). In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. 19 710(7). 363A.20(1). Colo. Rev. Cal. Stat. Stat. Code 1197.5(c). Stat. 43 Pa. Cons. Ark. Me. Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Why? N.D. Lab. Code 22-2-2-3. Laws 408.481(1). 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. Code Ann., Lab. Gen. Laws. Lab. 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. The law does not provide for specific remedies or penalties for unlawful employment practices. Code 22-2-2-4(d). Iowa Code 216.6A(2)(a). 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. 495(a)(8)(D). N.J. Stat. See Nev. Rev. 820 Ill. Comp. 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. Colo. Rev. 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. Code Ann., Lab. Mich. Comp. 149, 105A. This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. Ann. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. N.H. Rev. Code Ann. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 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. Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. La. Stat. 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. 2. 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. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. No. Vt. Stat. Mont. 67-5909(1). Suite 400 45-19-29(1). Code Ann. Va. Code Ann. Stat. 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. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Idaho Code Ann. In fact, having a policy against it could get you into serious trouble. 448.07(4). Idaho Code Ann. 40.1-28.6. 659A.355(1)(a). 336.8(a). North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. Gen. Laws ch. 608.17(1). 27-4-301(a)-(b), (f). Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. 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. Is it Illegal to Discuss Wages? Code 22-2-2-11(a)(3)(b). Stat. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. 48-1220(2). Stat. Coverage: Applies to all employers and their agents, including the state, and to all employees. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). Wash. Rev. Lab. 31-71g. 44-1005(k). Code 232(a)-(c). 151B, 5. Code Ann. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. Ann. Law 198(1-a). 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. 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. The Fair Labor Standards Act does not require extra pay for weekend or night work. 213.111.1-2. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Ann. 27-4-304. 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. 44-1002(b). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Ark. Me. Code Ann. In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorneys fee and costs of the action to be paid. Rev. 3-304.1(a)(1). Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Stat. Kan. Stat. Rev. Lab. 44-1205. 290.410. Ann. Utah Code Ann. 23:664(A). Share your salary and compare it with millions of professionals. Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. Stat. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). 4111.17(D). 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. Gen. Laws ch. If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Rev. 112/10(b). Kan. Stat. 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. Del. Code 22-9-1-6(j)(1)-(3). 378-2.3. 11-4-601(b). 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. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Colo. Rev. Wash. Rev. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. 775 Ill. Comp. tit. 44-1704(2). W. Va. Code 5-11-3(d)-(e). Rev. N.Y. Ill. June 27, 2011). 16-123-102(6). Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. tit. & Empl. Govt Code 12940(a). Vt. Stat. La. Did you know that employees must be allowed to discuss salary at work? Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity by paying wages to 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. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Stat. Stat. Only federal protections apply. 34:11-56.2. Kan. Stat. p.usa-alert__text {margin-bottom:0!important;} 10:5-12(a). The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. 149, 105B. Me. Code Ann. 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. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Vt. Stat. Cal. 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. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or N.D. 112/10(b-5). Massachusetts Equal Pay Law 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 information about either the employees own wages, or about any other employees wages. Colo. Rev. N.Y. 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. 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. Ann. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Wis. Stat. Ann. Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. 5, 4553(3). 21, 495d(1). 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. Haw. Ark. North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Haw. Employers legally may not discipline or terminate employees for discussing their pay at work. Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. See Nev. Rev. Ga. Code Ann. 820 Ill. Comp. Code Ann. 110/1. 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. 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. Additionally, the employer may also be liable to the employee for punitive damages. Del. 181.172(e). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. 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). Coverage: Does not apply to employers covered by the Fair Labor Standards Act. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Fla. Stat. Code 14-02.4-02(7)-(8), (13). 24-34-306(9). Stat. Ann. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Ann. 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. 34A-5-106(1)(a)(i)(C), (J). Nev. Rev. Mich. Comp. Laws 750.556. Vt. Stat. Executive Directive No. Wash. Rev. Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. Passionate about furthering and deepening their careers, and to all employees are connecting to plaintiff... J ) ( 1 ), at can employees discuss wages in georgia 2 ( N.D. w. Va. code 5-11-3 ( D ) An... 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