Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Ann. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 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. Ann. The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. Vt. Stat. Minn. Stat. Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Rev. Code 22-2-2-9. 43 Pa. Cons. Stat. Coverage: Applies to any employer within the state. Md. Cal. 363A.29(3). 34A-5-107(10). Mich. Comp. Stat. Vt. Stat. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . Executive Order No. Md. Ann. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay 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. Stat. Ann. 46a-51(10). What would it look like if the same was happening in your company? Code 21.002(7), (8)(C). Del. Stat. Executive Order No. Rev. 344.040(1)(a). Cal. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Code Ann., State Govt 20-601(d)(1)-(3). Or. Idaho Code Ann. Ann. Ga. Code Ann. 60-1.4(a)(3). Stat. Rev. Wis. Stat. Mont. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 110/1. Utah Code Ann. Neb. W. Va. Code 21-5B-3(1)(a)-(b). Any employer who violates this law commits a Class A misdemeanor. rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Ark. 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? Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee. Md. N.D. & Empl. Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Coverage: Applies to any employer of labor in the state, employing both males and females. N.J. Stat. Ind. 181.66(2). Stat. 4111.14(B). 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. Tenn. Code Ann. Ky. Rev. 24-34-401(2). Federal government websites often end in .gov or .mil. Remedies: No remedies specific to violations of this provision. Lab. Stat. 8-5-104. 3-307(a)(2). Rev. N.Y. N.H. Rev. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 50-2-201(3)-(4). Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. Govt Code Ann. 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. Employers legally may not discipline or terminate employees for discussing their pay at work. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Kan. Stat. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. 49-2-601. It was updated with new information in June 2021. Cent. Codified Laws 20-13-1(7), (11). Stat. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. 40.1-28.6. Coverage: Applies to all employers, including the state, and to all employees. 613.330(1)(a). 149 105A(c)(1). Ark. Mass. 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicants current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicants current or previous salary. Conn. Gen. Stat. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Oct . Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Me. Mass. W. Va. Code. Neb. Code Ann. 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. Conclusion. Ohio Rev. Code Ann. Rev. An employer who violates this law is guilty of a misdemeanor. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Ky. Rev. Md. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. 110/1. 613.405, 613.420. Cal. Haw. tit. 21.2585(d)(1)-(4). Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. The court may also allow the prevailing party a reasonable attorneys fee. Ann. 24-34-306(9). Code Ann. Rev. West Virginia Equal Pay for Equal Work for State Employees 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 the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. Coverage: The law does not apply to family members. 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. Rev. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. 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. Conn. Gen. Stat. Ann. 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. Arkansas Civil Rights Act of 1993 Protection: The right of an otherwise qualified person to be free from discrimination because of gender is recognized as and declared to be a civil right; this right includes the right to obtain and hold employment without discrimination. Code 22-2-2-4(d). 24-34-401(3). Stat. Ark. Minn. Stat. La. 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. Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. Dist., 135 F. Supp. N.M. Stat. Lab. Rev. Code Ann. Subscribe to our blog for the latest employment law news. 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. 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. 659A.001(3)-(4)(a). The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Del. 387-1. 41 C.F.R. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Ann. 67-5902(6). 44-1205. Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 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. tit. Lab. The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. Code 14-02.4-20. 659.001. 3-304.1(a)(1). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. 28 R.I. Gen. Laws 28-5-24(b). Colo. Rev. tit. Or. 44-1701(1)-(2). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 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. 275:37(I). Ann. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. 363A.08(2)(3). Coverage: Applies to all persons acting in the interest of an employer. The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. tit. 378-1.
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