49.58.010(5). Code Ann. Stat. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Stat. 46a-86(a)-(b). The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Coverage: Applies to all employees and employers, including the state. The court may also allow the prevailing party a reasonable attorneys fee. 203(s)(1). N.H. Rev. 387-4. Ann. Rev. 34A-5-106(1)(a)(i)(C), (J). 50-2-204(a)(2). 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. Utah Code Ann. 954(b)-(c). Rev. Md. La. 44-1704(1). Kan. Stat. 10:5-5(e)-(f). 40, 198.1. 3-307(e). 652.220(1)(a)-(d). Code Ann. Code Ann. The .gov means its official. 11-4-607(2). N.J. Stat. The Act also applies to any employer who has 1 or more employees. Idaho Code Ann. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. N.M. Stat. 659A.885(1). 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. Rev. Cent. 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. Lab. La. 4111.14(B). Minn. Stat. Code Ann. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Code 22-2-2-3. 112/30(c)(1)-(2). Colo. Rev. Ind. N.Y. Exec. Rev. tit. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. Conn. Gen. Stat. tit. Stat. - fetcheatable. N.H. Rev. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Or. Rev. Stat. Rev. 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 . 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. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). .table thead th {background-color:#f1f1f1;color:#222;} Mass. 8-5-101(5). 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. Ann. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Minn. Stat. 4111.17(D). Stat. Yes, it's O.K. Stat. Maine Equal Pay Law Protection: An employer may not 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 that have comparable requirements relating to skill, effort, and responsibility. 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. Stat. Minn. Stat. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). 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. Fla. Stat. & Empl. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. 181.66(2). Rev. Rev. 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. 3-301(b)(1)-(2). Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. N.J. Stat. 206(d)(1). Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. See, e.g., Rotriga v. AZZ, Inc., No. 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. Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Remedies: No remedies specific to violations of this provision. Ala. Code 25-1-30(b). Okla. Stat. Ark. Rev. Lab. Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. Tex. Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. 216(b). Del. 28 R.I. Gen. Laws 28-5-6(7)-(8). Colo. Rev. 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). 112/10(b). Did you know that employees must be allowed to discuss salary at work? Mo. 28-23-4(B). 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. Lab. Stat. Haw. 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. 29 U.S.C. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 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 employers permission to have such discussions. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. 336.2(a)-(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. 29 U.S.C. Kan. Stat. Ind. 39-3-104(2). 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. Stat. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. 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. Code Ann. tit. Stat. N.M. 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. See Nev. Rev. They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Ann. Rev. 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. Tenn. Code Ann. It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. Neb. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. 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. 213.075.11(1). 44-1009(a)(1). Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. 67-5908(3)(a)-(e). Rev. N.H. Rev. Neb. The simple answer is "No". 387-1. Laws 408.483a(1)(a)-(c). This button displays the currently selected search type. 21-5B-1(2). 40, 198.2. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. Colo. Rev. 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. 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. Stat. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Rev. Mass. 28 R.I. Gen. Laws 28-6-17(b)-(c). Stat. tit. Colo. Rev. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. Cal. 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. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 275:40. Mich. Comp. Stat. 378-1. 112/30(c)(1)-(2). 820 Ill. Comp. Md. Code 49.60.180(3). Code Ann. Stat. Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. Fla. Stat. Code Ann., Lab. Stat. Code 22-9-1-6(j)(1)-(3). Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Rev. 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. 28 R.I. Gen. Laws 28-6-18(a). tit. Ann. Rev. Ind. Colo. Rev. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. Haw. 93(2). 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. 613.405, 613.420. Laws 408.481(1). 44-1002(b). The employees have spoken. & Empl. Code Ann. Minn. Stat. 25 1350(G)-(H). 43 Pa. Cons. 48-1221(1). Additionally, a court may order other affirmative action as appropriate. Ind. Code 34-06.1-09. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Ann. Vt. Stat. Stat. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. 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. Rev. 760.11(5). N.Y. W. Va. Code 21-5B-3(1)(a)-(b). Stat. Cal. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. Me. Cal. Or. N.Y. 23:663(3). Stat. See Utah Code Ann. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. 608.17(1). 149, 105A. Coverage: Applies to all employees except individuals in the domestic service of any person. tit. W. Va. Code 21-5E-3(a)(1)-(2). 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. Ann. Code Ann 11-4-611(a), (b)(1)(3). Rev. 11-4-608. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). 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. 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