Code 1171. 21, 495d(1). La. 337.427(1). 111.39(c). Ann. tit. 24-34-401(2). 20-1009(a)(2)(i)-(ii). 112/30(c). Nev. Rev. Haw. 3d 898 (W.D. 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. tit. 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. 48-1102(2). Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. Rev. Ann. 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? 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.. N.Y. Lab. Score: 4.5/5 (7 votes) . Gen. Laws ch. Rev. .h1 {font-family:'Merriweather';font-weight:700;} Stat. Fla. Stat. Fla. Stat. 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. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 5, 4613(2)(B)(1), (2), (7), and (8). 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. 775 Ill. Comp. Nev. Rev. Stat. 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. Protection: An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. 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. 387-1. 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. 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. N.H. Rev. 28-23-6(C). Ann. Cent. 67-5909(1). Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. South Dakota Equal Pay for Equal Work Law Protection: No employer may 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 which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. 67-19-12(a), (b), (g). Code 200. tit. Ann. 820 Ill. Comp. 2019-10(2). 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: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Coverage: Applies to all employers and their agents, including the state, and to all employees. Stat. 112/10(b). 613.320(1)(a)-(b). Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Code Ann. Stat. 112/30(a-5). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Wyo. 3-307(e). Laws 37.2202(1)(a). What are my rights? La. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. Stat. 4-21-305(b). N.J. Stat. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. 820 Ill. Comp. Cal. Remedies: No specific remedies provision. Del. 21-5B-1(2). Rev. Lab. Laws 408.483a(1)(a)-(c). See the Best Places to Work 2023! 49.58.040(2)(a). Haw. La. 27-9-105(a)(i). La. Rev. Idaho Code Ann. Stat. 44-1210(a). 48-1223(1)-(2). Stat. Ann. Its long been considered taboo to discuss how much youre making with your co-workers. 29 U.S.C. Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. 60-1.4(a)(3). Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. 4112.02(A), 4112.01(B). Rev. .usa-footer .grid-container {padding-left: 30px!important;} In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." 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. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. 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). La. 49-2-601. Law 297(4)(c)(i)-(ii), (vi). Idaho Code Ann. Ala. Code 25-1-30(b). Va. Code Ann. Del. Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. In fact, having a policy against it could get you into serious trouble. Stat. 19 710(6)(a)-(d). 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., Lab. Executive Order No. Coverage: Applies to all employers and their agents, including the state. Ark. And you may be tempted to just compare numbers. Skip to main content February 23, 2023 S.C. Code Ann. Code Ann. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Coverage: The law does not apply to family members. An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. Stat. Stat. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Coverage: Applies to all employers, including the state, and to all employees. Me. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. Rev. Stat. Oct . Stat. Code Ann. 31-40z(d). Laws 408.481(1). And many states have passed pay transparency laws for employees. 34A-5-106(1)(a)(i)(C), (J). Rev. The Act also applies to the state or any of its political subdivisions, including public bodies. Ohio Rev. Stat. Rev. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Okla. Stat. Ann. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Code Ann. Govt Code 12940(a). Prior salary shall not justify any disparity in compensation. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Or. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 28 R.I. Gen. Laws 28-6-21. Stat. Additionally, the employer may also be liable to the employee for punitive damages. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Colo. Rev. 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. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Stat. N.H. Rev. Code Ann., State Govt 20-601(d)(1)-(3). Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Stat. Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. Ind. Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. .manual-search ul.usa-list li {max-width:100%;} Stat. S.D. tit. Tenn. 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. Rev. Tenn. Code Ann. Rev. Code 232(a)-(c). Ann. Ark. Or. You've probably wondered at some point if you're getting paid what you deserve. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Cal. Mich. Comp. Stat. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. Stat. 26, 623. Code 22-2-2-3. 45-19-38(b), (c)(1). 16-123-107(c)(2)(A). Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. See 29 U.S.C. Iowa Code 216.6A(4). Cent. 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. 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. Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. Wash. Rev. tit. Dist., 135 F. Supp. The law does not provide for specific remedies or penalties for unlawful employment practices. Mich. Comp. Stat. La. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 31-40z(a)(1). Stat. 181.172(e). Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. Stat. N.J. Stat. Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individuals sex. Ann. Haw. & Empl. 28-23-6(A)(1)-(3). See Utah Code Ann. Ark. Neb. 5/2-101(A)(1)(a)-(c). 659A.355(1)(a). Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. 48-1104(1). div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Md. Clarke-Figures Equal Pay Act 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. Mass. 112/30(c)(1)-(2). Code 22-2-2-3. 48-1220(2). 93(3)(a). 216(b). 5, 4572-A(1). 41 C.F.R. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Stat. Many employers actively discourage employees from discussing pay and benefits with other employees. N.M. 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. Code Ann., State Govt 20-604. 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. Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. 511(a). & Empl. 5/8A-104(A)-(C), (G), (J). Stat. Applies to all employers, including the state, that employ 3 or more persons. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . Code Ann. 50-2-201(3)-(4). The answer usually surprises them. Kan. Stat. Codified Laws 60-12-18. Code Ann. 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. 143-422.2. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. 34A-5-107(10). 41 C.F.R. Executive Directive No. Stat. 3-308(d)(2)(i). W. Va. Code 5-11-10. 19 709B(b)(1)-(2). & Empl. Stat. 344.040(1)(a). Did you know that employees must be allowed to discuss salary at work? Coverage: Applies to all employees except individuals in the domestic service of any person. Fla. Stat. Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. Stat. Stat. N.J. Stat. 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. 448.07(2)(a). On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. GovDocs, Inc. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. 344.030(2)(a)-(b). This button displays the currently selected search type. 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. 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. Wash. Rev. employer fring an employee because she discussed her salary with another employee. Ann. 659A.001(3)-(4)(a). Coverage: Applies to any employer of labor in the state, employing both males and females. Okla. Stat. 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