Law 194(4)(a)-(b). Md. 46a-86(c). Stat. Cent. 50-2-204(a)(1). 10:5-12(a). 206(d)(1). 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. 613.320(1)(a)-(b). Stat. Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. 34A-5-107(17)(a). Stat. Stat. 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. Md. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Code Ann. 336.2(a)-(b). Rev. La. Gen. Laws ch. You've probably wondered at some point if you're getting paid what you deserve. 48-1103(1)-(2). Code Ann., State Govt 20-604. 336.5(a). 363A.29(4)(a). 31-40z(d). 820 Ill. Comp. Fla. Stat. Rev. Ann. Any employer who pays an employee less than the wages to which such employee is entitled shall be liable to the employee for the full amount of such wages and for costs and reasonable attorney fees as may be allowed by the court. tit. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. Score: 4.5/5 (7 votes) . 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. 1-13-30(h). 19 1113(a), (c). 820 Ill. Comp. Cal. Dist. Although the Act protects union and non-union workers alike, there are limitations. 60-1.5(b)(1), (c). 1-13-90(d)(9). Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Stat. 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. 21-5E-4(a). N.D. Laws 750.556. 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. 275:37(I). Idaho Equal Pay Law Protection: No employer shall discriminate between or among employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays an employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. tit. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Wash. Rev. Ala. Code 25-1-20(2). Code 22-2-2-11(a)(3)(c). Ann. Stat. An employer who violates this law is guilty of a misdemeanor. The answer usually surprises them. 10:5-14.1a(a)-(c). Executive Order No. Govt Code 12926(d). 659A.885(1). Nev. Rev. N.M. Stat. Tenn. Code Ann. Stat. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Md. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. 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. 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 employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. 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. 19 709B(h)(1). Ga. Code Ann. Stat. 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). ol{list-style-type: decimal;} 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 the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Kan. Stat. Ann. Lab. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. 387-4. Conn. Gen. Stat. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. Utah Code Ann. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Haw. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. N.Y. Md. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. Utah Code Ann. 659 A.029, 659A.030(1)(b). La. Me. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Neb. 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. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Vt. Stat. Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. Code 1197.5(1). Ann. N.J. Stat. 49.58.040(2)(a). 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. 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. Coverage: Applies to all employees except individuals in the domestic service of any person. Code 49.58.020(1). Virginia Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. 344.030(5). Ky. Rev. Laws 37.2202(1)(a). tit. 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. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). La. Employee compensation is a sensitive subject, one that many employers would like to keep secret. 149, 105B. Stat. Mont. 50-2-202(a). Ark. 5, 4613(2)(B)(1), (2), (7), and (8). Remedies: No specific remedies provision. Coverage: Applies to all persons acting in the interest of an employer. 34A-5-107(10). 613.310-613.435. Colo. Rev. 11-4-607(2). Code 1197.5(k)(2). Judea Sch. Code 14-02.4-20. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Stat. Code Ann. Wash. Rev. Stat. Rev. 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. If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. Stat. Govt Code 12940(a). Code 21.002(7), (8)(C). 28 R.I. Gen. Laws 28-5-24(b). Coverage: Applies to all employers, including the state, and to all employees. Kan. Stat. This button displays the currently selected search type. 12571. Me. Stat. Stat. 24-34-401(2). Stat. 1-888-273-3274. Individuals elected to public office may be considered employers, but are not considered employees. Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). Colo. Rev. 24-34-402(1)(a). Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. 49-2-506(1)(a)-(c). Haw. N.D. 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). 26, 628. 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. 111.32(5)-(6)(a)-(b). Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 46a-51(10). 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Ann. Del. 31-40z(a)(1). Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. 60-1.4(a)(3). Ann. 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. It was updated with new information in June 2021. The law errs on the side of protecting employees right to concerted activity. 28 R.I. Gen. Laws 28-5-6(7)-(8). Cal. Code Ann., State Govt 20-601(c)(1)-(2). Coverage: No specific coverage provision. Conn. Gen. Stat. Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. Colo. Rev. & Empl. Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. 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. & Empl. Laws 408.471(c)-(d). 34-5-2(4). Conn. Gen. Stat. Rev. 44-1210(a). Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Executive Order No. 608.17(1). Laws 37.2202(3). Wis. Stat. .manual-search ul.usa-list li {max-width:100%;} 495b(c). 110/1. Cal. 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. 41 C.F.R. 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. Lab. S.C. Code Ann. Stat. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. N.Y. Exec. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. 93 Protection: State agencies are prohibited from requesting salary history from applicants. 50-2-204(b). Mich. Comp. Code 34-06.1-09. Coverage: The law does not apply to family members. Utah Code Ann. 28-23-4(B). Ark. ch. 3-304.1(a)(1). 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. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. Conn. Gen. Stat. Ann. Codified Laws 60-12-18. 28 R.I. Gen. Laws 28-5-29.1. 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. Stat. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. N.H. Rev. The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. Del. tit. 652.220(1)(a)-(d). 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. Ind. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. 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. 40.1-28.6. 387-12(a)(2), (a)(4). Me. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. In other words, if you lost wages as a result of getting injured, a single attorney. W. Va. Code. Stat. 49-2-101(10)(a), (11). 4112.01(A)(2)-(3). Stat. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. 24-34-306(9). Rev. Stat. tit. Wage non-disclosure agreements for employees are prohibited. Code Ann. Cal. But the truth is, you are allowed to talk about your salary with co-workers, by law. Or. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. 181.67(1). 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. 4-21-313(a)(1)-(6), (b). The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. Mass. Del. 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? Code 1171. Stat. 41 C.F.R. The Act also applies to the state or any of its political subdivisions, including public bodies. 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. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. 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. Before sharing sensitive information, make sure youre on a federal government site. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Code 243(a)-(b). Ohio Rev. Del. Tenn. Code Ann. 820 Ill. Comp. 67-19-4. 112/30(a). Ann. Stat. Stat. Code 49.60.180(3). Code Ann. .usa-footer .container {max-width:1440px!important;} Code 14-02.4-02(7)-(8), (13). Ann. Ann. 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. 19 711(i)(1)-(3). 112/10(b-5). 4-21-102(5), 4-21-405. Code Ann. N.H. Rev. Colo. Rev. 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. Remedies: No specific remedies provision. See 29 U.S.C. 43 Pa. Cons. 3-307(e). N.C. Gen. Stat. 43 Pa. Cons. The law does not provide for specific remedies or penalties for unlawful employment practices. 93(3)(a). 21-5B-1(2). 43 Pa. Cons. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. 149, 105A. 820 Ill. Comp. Tex. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Stat. Rev. Code Ann. 44-1702(1). Codified Laws 20-13-42. p.usa-alert__text {margin-bottom:0!important;} Cent. The new requirements become effective on July 1, 2007. It can be difficult to challenge a culture or rule at work. Ann. Stat. 111.39(c). 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. Del. Mass. Cent. Stat. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 8-5-104. D.C. Code 2-1401.02(10). Vt. Stat. 495b(b). Code 1197.5(a). National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. Ann. 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. Nev. Rev. 448.07(4). Or. 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. , you are connecting to the state, and to any employer, 1... The amount of compensation paid to any employee whose compensation is a sensitive subject, one that many would. About your compensation governments and religious schools in union, non-union settings include municipal governments and religious schools the:! 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