& Empl. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. Stat. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Section 7 of the Act gives employees these rights. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. W. Va. Code 21-5E-3(a)(1)-(2). 181.70. Code 34-06.1-03(1). 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. tit. Code Ann. Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Gen. Laws ch. N.Y. 143-422.2. 4111.17(D). Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. 45-19-29(1). 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. 143-422.2. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. tit. 49.58.010(5). La. 21, 495(a)(7). Del. 23:663(2). Code 21.002(8)(A), (D). Vt. Stat. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Judea Sch. Rev. 43 Pa. Cons. When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. Stat. 2019-10(1)(a)-(b). Rev. Code Ann. Gen. Laws ch. 275:41-b(I)-(II). Did you know that employees must be allowed to discuss salary at work? 3-307(e). Rev. While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. 34A-5-107(9)(a), (b)(i)-(iv). tit. Lab. Md. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 10:5-14.1a(a)-(c). 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. Ind. Dist., 135 F. Supp. Stat. No, employees are legally protected. An agency within the U.S. Department of Labor, 200 Constitution AveNW Ark. & Empl. 354-A:21(II)(d). Rev. tit. 28 R.I. Gen. Laws 28-5-6(7)-(8). At many companies, there is not only a hush-hush culture around discussing your pay, it may even be a rule, whether communicated verbally or written down in employee rules and regulations. Rev. Rev. tit. N.H. Rev. Coverage: Applies to employers that regularly employer 15 or more employees. Tex. Ala. Code 25-1-30(b). tit. 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. Cent. N.Y. La. Cal. Stat. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 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. Ann. Haw. 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. Stat. Conn. Gen. Stat. 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. 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. The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. 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. Stat. Ann. 18 709A(a)(4). Gen. Laws ch. 45-19-38(d). Cal. 820 Ill. Comp. 1-13-30(h). 28 R.I. Gen. Laws 28-5-29.1. Ind. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. Rev. 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. Conn. Gen. Stat. Rev. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 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. Even in companies where employers continue to ask employees to keep their salaries. 5/2-101(B)(1)(a), (c)-(e). 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. 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. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. Workers are often protected when discussing salaries, even if doing so damages morale. Its also good for the company: understanding whether or not workers are getting paid what they feel they are worth is one of the key drivers of job satisfaction and retention. Code 34-06.1-02(2)-(3). 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. Wash. Rev. Lab. Neb. Conn. Gen. Stat. 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. Stat. 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). Rev. 213.111.1-2. 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. Code Ann. State agencies may not rely upon previously obtained prior salary information in determining an applicants salary. 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. N.M. Stat. Me. Gen. Laws ch. tit. Code 22-9-1-3(l)(1), (q)(2). 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. Rev. 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. Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Code 34-06.1-05(2). 181.66(3). 24-34-405(2)(a)(I)-(III). 820 Ill. Comp. 42 U.S.C. Stat. 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. Cal. 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. Code Ann., Lab. Code Ann. Stat. 29 U.S.C. Ky. Rev. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? Mo. 19 715(1)(a)-(d). See Utah Code Ann. Stat. Mont. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Ann. 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. Rev. Or. 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. Colo. Rev. Cal. 820 Ill. Comp. 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. National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. See, e.g., Rotriga v. AZZ, Inc., No. Stat. 290.410. Wyo. Before sharing sensitive information, make sure youre on a federal government site. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Unit Sch. Govt Code 12940(a). 31-40z(d). 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. .cd-main-content p, blockquote {margin-bottom:1em;} Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Ga. Code Ann. 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. Stat. Code 49.60.040(10)-(11). Wage non-disclosure agreements for employees are prohibited. 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. Mich. Comp. 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. Rev. Stat. Tenn. Code Ann. 49-2-506(1)(a)-(c). S.C. Code Ann. Md. Code Ann. 67-19-12(a), (b), (g). Stat. 378-1. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. Ann. Subscribe to our blog for the latest employment law news. Ann. Code Ann., Lab. Code Ann. 28 R.I. Gen. Laws 28-5-24(b). Remedies: No specific provision of remedies for violation. Code tit. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. 213.010(7). 659A.885(1). Coverage: Applies to all employers, including the state, and to all employees. 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. Cal. Rev. 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. 67-5902(6)(a)-(c). 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. Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. N.Y. 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. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." Cent. Code Ann. Code 1197.5(k)(2). Stat. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. Code Ann. You've probably wondered at some point if you're getting paid what you deserve. Code Ann., Lab. N.M. Stat. Or. Code Ann. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Conn. Gen. Stat. 50-2-204(a)(3). Stat. See Holt v. Deer-Mt. Law 297(4)(c)(i)-(ii), (vi). Stat. 3d 898 (W.D. Code Ann. tit. Code Ann. Nev. Rev. 110/1. N.J. Stat. Code Ann. The law does not apply to individuals employed as domestic servants. Mass. Employers legally may not discipline or terminate employees for discussing their pay at work. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Ann. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. N.M. Stat. 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. Stat. 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. 11-4-607(1)(B). Code Ann. Mass. tit. Ark. Okla. Stat. Code 1171. 28 R.I. Gen. Laws 28-6-21. Coverage: Applies to any employer who employs 9 or more employees. N.J. Stat. 23:302(2)(a)-(b). 46a-51(9). 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. D.C. Remedies: No specific remedies provision. Tex. Ind. Lab. Ann. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. It can be difficult to challenge a culture or rule at work. Minn. Stat. 354-A:2(VI)-(VII). In fact, having a policy against it could get you into serious trouble. Vt. Stat. Remedies: The Executive Order does not create a private right of action. The Fair Labor Standards Act does not require extra pay for weekend or night work. Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. Lab. Mont. 336.5(a). Lab. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. 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. Stat. N.H. Rev. New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that 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. Code 22-2-2-11(a)(3)(c). 28 R.I. Gen. Laws 28-6-18(a). Stat. 112/5. Some of the early social media cases were settled by agreement between the parties. Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Code Ann. 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. .usa-footer .grid-container {padding-left: 30px!important;} S.D. Or. Haw. 125/15(2). 387-12(a)(2), (a)(4). Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 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. 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. 28-1-11(E). 8-5-102. Stat. Stat. Ark. Together, we can close the gender and racial wage gap. 48-1102(2). 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. 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. An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. Colo. Rev. Govt Code 12926(d). Executive Order No. 613.310-613.435. 213.075.11(1). Gen. Laws. Rev. N.Y. 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. Code 34-06.1-05(1). Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. N.J. Stat. However, policies that specifically prohibit the discussion of wages are unlawful. & Empl. 26, 623. Ind. Law 194(1). Tenn. Code Ann. 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. 203(d), 206(a), 262(a). Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. 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. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. Tenn. Code Ann. N.J. Stat. Code Ann. 31-71a(1)-(2). Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. 775 Ill. Comp. 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. 149, 105A. 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