1-888-273-3274. Ky. Rev. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Utah Code Ann. Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employers family are not considered employees. tit. Because the 613.330(1)(a). Gen. Laws ch. Md. 19 715(1)(a)-(d). Code Ann. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. Idaho 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. Stat. La. Wash. Rev. Rev. 16-123-107(c)(2)(A). Lab. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Stat. La. 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. tit. Coverage: Applies to all employers and their agents, including the state. Utah Code Ann. Code 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. N.J. Stat. employer fring an employee because she discussed her salary with another employee. 49.60.250(5). 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. Ann. 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. Stat. 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. 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. Rev. 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. Mo. 49.58.070(1). tit. 110/1. Ky. Rev. 363A.08(2)(3). Ann. An official website of the United States government. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. tit. & Empl. Conn. Gen. Stat. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. 659.001. Code Ann. 4-21-306(a)(1), (7). Mich. Comp. 337.427(1). 48-1221(1). Code Ann., Lab. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Rev. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 495b(c). 48-1223(5). Colo. Rev. Coverage: Applies to any employer who employs 9 or more employees. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. 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. 181.172(a)(1)-(3). Mass. Executive Directive No. Mass. No, employees are legally protected. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. Rev. Stat. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Ann. Idaho Code Ann. 448.07(4). Ala. Code 25-1-20(2). Colo. Rev. Stat. 16-123-107(c)(2)(A). 27-9-102(b). Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. Coverage: Applies to public and private employers. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Kan. Stat. Yes. Ala. Code 25-1-30(c). Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. S.C. Code Ann. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. N.M. Stat. Vt. Stat. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Conn. Gen. Stat. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Del. Del. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Score: 4.5/5 (7 votes) . N.H. Rev. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Mass. Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. 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. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. 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. 659A.355(1)(a). 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. N.C. Gen. Stat. 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. Code Ann. 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. California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. N.Y. Fla. Stat. N.M. Stat. Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. Mont. Lab. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Laws 37.2201(a). 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. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 820 Ill. Comp. 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. 613.405, 613.420. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. Employers who maintain such policies either in writing or verbally . Colo. Rev. 44-1701(1)-(2). Me. 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. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. 8, 2011 WL 2533793, at *7 (C.D. An agency within the U.S. Department of Labor, 200 Constitution AveNW Cal. 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. 50-2-204(a)(3). Ga. Code Ann. Ind. Code 1197.5(k)(2). 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. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. Coverage: Applies to employers that regularly employer 15 or more employees. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. For a second 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 two times the amount of unpaid wage as liquidated damages. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. 112/5. Ann. Me. It can be difficult to challenge a culture or rule at work. Haw. Tex. The site is secure. 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. 44-1005(k). Code Ann. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. You've probably wondered at some point if you're getting paid what you deserve. 60-1.3, 60-1.5(a)(1), (5). Coverage: Applies to all employers and their agents, including the state. Stat. Code 34-06.1-03(1). 820 Ill. Comp. 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. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. Conn. Gen. Stat. .usa-footer .grid-container {padding-left: 30px!important;} 67-5902(6). Kan. Stat. Md. Laws 750.556. 27-9-105(a)(i). 43 Pa. Cons. They just can enforce it. 608.17(1). Ind. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. Ann. Ann. 216(a). 363A.03(16). 275:40. Ark. 613.320(1)(a)-(b). 19 710(6)(a)-(d). Law 198-a(1). Md. Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. Stat. 344.030(5). 25 1350(G)-(H). 125/15(2). Mass. The NLRA allows workers to discuss topics, such as wages, that affect them at work. ch. The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which 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 which are performed under similar working conditions. 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. Ark. 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. 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. Me. Ark. N.H. Rev. Code 22-9-1-3(h)(1)-(3). Ann. Cent. In fact, having a policy against it could get you into serious trouble. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees Stat. Idaho Code Ann. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. 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. Laws 750.556. Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Individuals employed by their parents, spouse, or child are not protected. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 11-4-610. 213.010(7). 448.07(3). Stat. Neb. 42 U.S.C. 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. # x27 ; s right under the Act, employers can not prohibit employees from discussing own! For legal advice or counsel who employs 9 or more employees ( a ) advice counsel. In a workweek for nonexempt employees ( 6 ) at most companies and for most employees and. Policy against it could get you into serious trouble Ill. App! important ; } 67-5902 6! ) - ( 3 ) what you deserve 5 ) you 're getting paid what deserve! Ill. can employees discuss wages in georgia Rights Commn, 525 N.E.2d 1215, 1221 ( Ill. 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