Code Ann. 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. Per the NLRB, pay secrecy policies may violate the law. 3-307(a)(2). 820 Ill. Comp. Stat. 31-40z(d). Iowa Code 216.6A(2)(a). Code Ann. Vt. Stat. It can be difficult to challenge a culture or rule at work. Stat. Code Ann. 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. tit. Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Ann. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. 24-34-405(2)(a)(I)-(III). 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. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. 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. 16-123-102(6). Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). 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. Stat. N.Y. Code Ann. Only federal protections apply. Tex. Code 232(a)-(c). Executive Directive No. 21.2585(a)(1)-(2), (b)-(c). What are my rights? 275:40. 378-1. Code Ann., Lab. 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. Lab. Stat. 4-21-306(a)(1), (7). Executive Directive No. Stat. 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. & Empl. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. 43 Pa. Cons. Me. N.M. Stat. Nev. Rev. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Code 49.58.020(1). Md. Md. Wash. Rev. Stat. Md. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 93(3)(a). Vt. Stat. Stat. Unit Sch. Code Ann. Mich. Comp. Haw. .table thead th {background-color:#f1f1f1;color:#222;} Stat. Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. Stat. 24-34-405(3)(a). Code Ann. 337.423(1). Coverage: Applies to all employers and their agents, including the state, and to all employees. Tex. Code 34-06.1-03(1). Tenn. Code Ann. View the full text of protections shown in the map. 45-19-38(b), (c)(1). La. On Feb. 6, 2020, the 3rd U.S. Cent. Code 1197.5(k)(1). 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. 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. Code Ann. 44-1704(1). Stat. 50-2-206. Vt. Stat. Cal. It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicants wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. Neb. 49.58.100(1)(a)-(b). 378-5(b). Laws 408.481(1). Conn. Gen. Stat. W. Va. Code 21-5E-3(a)(1)-(2). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Govt Code 12926(d). Lab. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. tit. 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. Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 149, 105A. Neb. 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. 42 U.S.C. tit. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. 60-1.4(a)(3). 21.051(1). 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. Coverage: Applies to all employees except individuals in the domestic service of any person. Stat. 16-123-102(4)(A)-(C). Stat. Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. Code Ann. N.Y. Stat. For a third violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional three times the amount of unpaid wages as liquidated damages. Ann. tit. Stat. 1305 Corporate Center Drive Stat. tit. 34-5-2(4). 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. Me. 2000e-5(e)(1), (f)(1), (g)(1). 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. 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. 41 C.F.R. Utah Code Ann. 40.1-28.6. 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. Iowa Code 70A.18. 40.1-28.6. An agency within the U.S. Department of Labor, 200 Constitution AveNW Coverage: Applies to all employers but does not apply to governmental agencies. 19 1107A(a). Code 1171. Wash. Rev. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. Gen. Laws ch. 28-1-11(E). Ann. Cal. Wash. Rev. Haw. 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. Okla. Stat. 143-422.2. 820 Ill. Comp. See Nev. Rev. California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. 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. Utah Code. tit. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 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. 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. 151B, 1(5)-(6). tit. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. Ga. Code Ann. Govt Code 12940(a). Haw. Rev. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Neb. Law 296(1)(a). 149, 105B. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. 511(a). W. Va. Code Ann. 290.400(2), (4). N.Y. Rev. Ann. Me. Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. Ann. The new requirements become effective on July 1, 2007. 48-1223(1)-(2). Codified Laws 20-13-1(7), (11). Haw. If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. Ann. Stat. Kan. Stat. Mass. Ind. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. 110/1. 151B, 4(1). Lab. Stat. N.D. 67-19-4. 25, 1302(A)(1), 1301(6). 40, 198.2. Ann. 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). 659A.885(1). Stat. 44-1005(k). Minn. Stat. Or. La. Ohio Rev. 24-34-306(9). 49.58.040(2)(a). 206(d)(1). 93 Protection: State agencies are prohibited from requesting salary history from applicants. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Ky. Rev. Lab. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. Code Ann. 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. The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. 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. 448.07(1)(a)-(b). tit. Colo. Rev. Utah Code Ann. N.J. Stat. W. Va. Code 21-5B-1(1). 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. 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. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. Gen. Laws ch. Rev. 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. 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. 39-3-104(1). 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. Md. No, employees are legally protected. Tenn. Code Ann. 40, 198.1. Colo. Rev. tit. South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. In other words, if you lost wages as a result of getting injured, a single attorney. 2. Ann. 149, 105A. 760.10(7), (9). Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. 820 Ill. Comp. Ann. Stat. 46a-86(c). 21, 495d(1). The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. 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. New York Human Rights Law Protection: It is an unlawful discriminatory practice for an employer, because of an individuals sex, to discriminate against such individual in compensation. 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. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. 10:5-14.1a(a)-(c). 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. 43 Pa. Cons. Did you know that employees must be allowed to discuss salary at work? 23:332(A)(3). Ark. Is It Illegal For Your Employees To Discuss Wages? Stat. 181.172(a)(1)-(3). Additionally, the employer may also be liable to the employee for punitive damages. Laws 750.556. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. Stat. Stat. Cal. Cent. 112/30(c). Code Ann. 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. 28-23-4(A)(1). Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. La. 110/1. 336.5(a). Individuals elected to public office may be considered employers, but are not considered employees. Remedies: The Executive Order does not create a private right of action. Stat. tit. Code Ann. Mich. Comp. Minn. Stat. Stat. tit. 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. Code 1197.5(k)(2). 112/5. 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. Rev. Md. Ind. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Stat. 820 Ill. Comp. Ark. 659.001. 203(s)(1). 27-9-103(n)(i)-(iv). N.H. Rev. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Stat. 24-34-401(3). Ann. .manual-search ul.usa-list li {max-width:100%;} Del. Code 22-9-1-3(l)(1), (q)(2). Rev. Ann. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Code Ann., Lab. 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. And many states have passed pay transparency laws for employees. Code tit. Neb. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. Rev. 213.075.11(1). Stat. Coverage: The law does not apply to family members. That's because there is no way for employees to gauge. Stat. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. If employer policies requiring pay secrecy are unlawful, why are they still so common? Okla. Stat. 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. Tex. N.H. Rev. Ind. & Empl. Although the Act protects union and non-union workers alike, there are limitations. 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. Idaho Code Ann. 19 1112(a). 21, 495d(1). Nev. Rev. S.D. Me. See Utah Code Ann. Wage non-disclosure agreements for employees are prohibited. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. Stat. Wyo. Iowa Code 216.6A(4). tit. Ann. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Ann. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. 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