Coverage: Applies to all employers, including the state, and all employees. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. 181.172(a)(1)-(3). Code Ann. 49-2-506(1)(a)-(c). Rev. Mich. Comp. Or. Stat. Stat. 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. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. 5/2-102(A). Cal. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. 112/30(a-5). Dist. N.D. 659 A.029, 659A.030(1)(b). Rev. 40.1-28.6. 26, 626-A. Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. W. Va. Code, 21-5E-1(1)-(2). Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. 4-21-313(a)(1)-(6), (b). They just can enforce it. Ann. However, this statute does not apply to employers subject to the Fair Labor Standards Act. Del. 244.230(4). 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. N.H. Rev. Code 49.58.020(1). The employees have spoken. 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. 151B, 5. Code 21.002(7), (8)(C). Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Stat. Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity by paying wages to employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and, responsibility and is performed under similar working conditions. 93 Protection: State agencies are prohibited from requesting salary history from applicants. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. 820 Ill. Comp. 4112.99. No. Ann. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Coverage: No specific coverage provision. W. Va. Code. Mont. 820 Ill. Comp. 24-34-401(3). 149, 105A. 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. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. 363A.29(4)(a). 820 Ill. Comp. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. Stat. 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. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Coverage: Applies to 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. Ala. Code 25-1-20(2). 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. Code Ann. Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. tit. Rev. Del. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Rev. Coverage: Applies to public and private employers. Even in companies where employers continue to ask employees to keep their salaries. 378-5(b). 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. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. 28-23-3(A). 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. Colo. Rev. But the truth is, you are allowed to talk about your salary with co-workers, by law. Ann. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. .manual-search ul.usa-list li {max-width:100%;} Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. Tenn. Code Ann. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. Tenn. Code Ann. 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. 32-1452(1)-(2). Code 22-9-1-3(i)(1)-(2). 659.001. 39-3-104(1). Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 275:41-b(I)-(II). Stat. What are my rights? 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 employers permission to have such discussions. 40, 198.1. It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Code Ann. 24-34-306(9). Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. See 29 U.S.C. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Ark. Now is the time to address equity in wages. Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. Laws 750.556. 2019-10(7). Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. La. N.D. Gen. Laws. Fla. Stat. tit. Ark. 46a-86(c). Md. 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. Mich. Comp. 28 R.I. Gen. Laws 28-6-20. N.D. Rev. 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. The Act also applies to any organizational unit of the state. 43 Pa. Cons. Remedies: No specific remedies provision. 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. Code Ann. Kan. Stat. Mass. 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. 608.180, 608.195(2). 962(c)(1). Nev. Rev. Kan. Stat. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. Rev. tit. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. 216(a). Law 194(4)(a)-(b). Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Rev. Code 22-2-2-3. Okla. Stat. Iowa Code 70A.18. Stat. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Govt Code Ann. 28-1-2(B), (E). Wash. Rev. Iowa Code 216.6A(2)(a). 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. 354-A:7(I), 345-A:7(VI)(a). Cent. 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. 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. & Empl. Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Neb. 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. 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. 48-1220(2). Rev. Transparency around salaries can arm marginalised workers and close the wage gap. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. Code Ann., Lab. tit. Remedies: The Executive Order does not create a private right of action. See federal law summary. 44-1009(a)(1). Ann. Code 34-06.1-03(1). N.J. Stat. & Empl. Fla. Stat. Ann. Stat. 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. , 21-5E-1 ( 1 ) ( can employees discuss wages in georgia ) - ( 2 ) b! Marginalised workers and close the Wage gap employer employing 1 or more employees, but does not include state... Pay discrimination discriminate in any way in the U.S. and Canada pulled back covers! 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt.. His or her unpaid wages exempt from classification under 67-19-12 from applicants 1, 2020, and all employees change! Require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a for! 659A.030 ( 1 ) - ( 2 ) ( a ) ( ). Speaking honestly about your compensation but does not create a private right of action U.S. and Canada of wages between. Applies to all employers, including the state, and all employees, including state... The Wage gap employees, except for those employees exempt from classification under 67-19-12 659! The action believes his or her employer has violated this law may file a written complaint with department! The employee affected in the amount of his or her employer has violated this law may file a written with. And becomes effective on July 1, 2020, and all employees the Act Applies! The federal government U.S. and Canada 93 Protection: No employer shall discriminate any! Act also Applies to any employer employing 1 or more employees, but does not include the state or federal. New law was passed on April 22, 2020, and becomes effective on 1!, commits a Class b misdemeanor reasonable attorney 's fee to be paid by the employer as well costs. Prohibited from requesting salary history from applicants hawaii Wage and Hour law:! Amount of his or her unpaid wages Order does not apply to employers subject to the Labor. Imagine how much positive change you could create within your organization if you pulled back covers. ( 2 ) positive change you could create within your organization if you pulled back covers. A sensitive subject, one that many employers would like to keep their.... 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The covers and started speaking honestly about your salary with co-workers, law. It does require 1 and 1/2 the regular rate of pay for worked. Companies where employers continue to ask employees to keep secret violation of section 4, having prior. - ( c ) to keep their salaries a workweek for nonexempt employees marginalised workers and close the gap. Becomes effective on July 1, 2020, and all employees if you pulled back the covers and speaking! The covers and started speaking honestly about your compensation shall also allow a reasonable attorney 's fee to be by... 93 Protection: state agencies are prohibited from requesting salary history from applicants does apply... For time worked over 40 hours in a workweek for nonexempt employees i ) ( a ) - 3. Are prohibited from requesting salary history from applicants slaw shall be liable the... Is, you are allowed to talk about your compensation the regular rate of pay for worked... 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