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23:663(2). The law does not provide for specific remedies or penalties for unlawful employment practices. Md. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Haw. Stat. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. A violation of 181.67 is a misdemeanor. The City of Philadelphia announced Aug. 6 that . 4-21-102(5), 4-21-405. 4-21-305(b). Ala. Code 25-1-30(c). The employees have spoken. 337.427(1). West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. Wyo. Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Haw. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. tit. 34:11-56.1(a)-(b). View the full text of protections shown in the map. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. 44-1702(1). Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. with GovDocs Employment Law News. Code Ann., Lab. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Stat. Coverage: Applies to all employees and employers, but does not include the District or the federal government. 34:11-56.6. 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. 203(s)(1). Rev. 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. 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. Ark. 181.67(1). Rev. Rev. 26, 628. Iowa Code 216.6A(2)(a). 10:5-12(a). Delaware Antidiscrimination Act 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 his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. Florida Civil Rights 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 or pregnancy. 5/2-101(A)(1)(a)-(c). Ann. 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. 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. Rev. Coverage: Applies to all employees. Ala. Code 25-1-30(b). Idaho Code Ann. 151B, 4(1). Ann. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. tit. 2019-10(1)(a)-(b). S.D. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Cal. Code 14-02.4-20. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } N.Y. 1-13-30(d)-(e). Okla. Stat. 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. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 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. 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. Code Ann. 149, 105B. 448.07(2)(a). Ohio Rev. 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. 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. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Stat. Ark. Stat. Code Ann., Lab. 149, 105A. 49.58.010(5). Did you know that employees must be allowed to discuss salary at work? Del. 2019-10(1). Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. The law errs on the side of protecting employees right to concerted activity. 8, 2011 WL 2533793, at *7 (C.D. Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. 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. An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. Wash. Rev. Rev. Haw. Wash. Rev. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 24-34-401(3). See 29 U.S.C. 23:303(A). 613.310-613.435. 27-4-304. Ky. Rev. 4-21-306(a)(1), (7). Code Ann., Lab. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. Stat. Wyo. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. 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. Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. La. 32-1452(1)-(2). N.M. Stat. 43 Pa. Cons. 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. Ind. The Act also applies to any organizational unit of the state. Rev. 28-23-4(A)(1). Stat. Mass. Eagan, MN 55121 Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. 4-21-401(a)(1). An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. 203(d), 206(a), 262(a). 820 Ill. Comp. 495b(b). 206(d)(1). 181.70. 40.1-28.6. Remedies: No specific remedies provision. 42 U.S.C. Ky. Rev. 8-5-102. Remedies: An employee may bring a civil action against an employer for violation of this provision for 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. 19 1112(a). 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. Coverage: Applies to any employer engaged in an industry who has 2 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, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. 181.172(e). 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. 363A.08(2)(3). Del. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. N.Y. 151B, 5. Code Ann. N.C. Gen. Stat. N.J. Stat. Code tit. 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. tit. Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. Stat. 26, 626-A. Ann. Massachusetts Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations. N.J. Stat. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Me. 448.07(4). 495b(b). 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. 290.400(2), (4). Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. Md. Executive Order No. And many states have passed pay transparency laws for employees. Remedies: The Executive Order does not create a private right of action. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. D.C. Code 32-1455(a), (c). Suite 400 Ohio 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. Stat. 613.310-613.435. 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. 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.. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. 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. Mont. 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. Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. Ark. Va. Code Ann. Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Idaho Code Ann. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. 659 A.029, 659A.030(1)(b). 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. Code 34-06.1-03(1). Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. 378-5(c). Rev. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. A Georgia attorney could advise best, but your question remains open for three weeks. Wash. Rev. Ann. Md. Ann. 44-1002(c). 275:36. Rev. Cal. 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. 23:303(A). 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. If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? Stat. Haw. N.J. Rev. 44-1202(e). Nev. Rev. Stat. S.D. 1305 Corporate Center Drive Ark. Kan. Stat. Law 292(5)-(6). Neb. ch. 820 Ill. Comp. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. Code Ann. Okla. Stat. Or. Coverage: Applies to public and private employers. Coverage: Applies to all employees and employers, including agents of employers. 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. Ann. Okla. Stat. Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Lab. Code Ann., Lab. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. Mo. Laws 750.556. Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. Code 14-02.4-03(1). Stat. 23:663(3). See Utah Code Ann. North Dakota Human Rights Law Protection: It is a discriminatory practice for an employer to accord adverse or unequal treatment to an individual or employee with respect to compensation because of sex. 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. 5 4577. Stat. Colo. Rev. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. 28 R.I. Gen. Laws 28-6-20. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. 181.68(2). tit. 44-1210(a). & Empl. Stat. Code 232(a)-(c). Executive Directive No. Cal. Minn. Stat. Stat. Code Ann. Del. Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. 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. Laws 408.484. Code Ann. Ark. Rev. 659A.885(1). Stat. 19 710(7). 3-308(d)(2)(i). It can be difficult to challenge a culture or rule at work. Rev. Stat. 363A.29(4)(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. Ark. Tex. Govt Code 12940(a). 31-40z(b)(5). 49-2-101(10)(a), (11). 2000e-5(e)(1), (f)(1), (g)(1). Stat. tit. Mich. Comp. In fact, having a policy against it could get you into serious trouble. 31-40z(b)(1)-(4), (6)-(7). 21.051(1). 659A.355(1)(a). tit. Rev. Lab. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Conn. Gen. Stat. Ann. N.D. Or. 354-A:2(VI)-(VII). Del. Conn. Gen. Stat. Workers are often protected when discussing salaries, even if doing so damages morale. 5/2-101(B)(2). 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. 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. The National Labor Relations Act makes it unlawful for both unionized and non-unionized employers to prohibit employees from discussing wage rates with each other, except in those limited circumstances where employees or employers are exempt from NLRA coverage. 19 709B(h)(3). Del. 27-9-102(b). Stat. Tex. Ann. 2000e(b). 43 Pa. Cons. Vt. Stat. 143-422.2. Md. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 49.60.250(5). In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Lab. 48-1102(2). Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Code Ann. Stat. Vt. Stat. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. 49-2-506(1)(a)-(c). 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. 41 C.F.R. Remedies: No remedies specific to violations of this provision. Or. 44-1205. 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