Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Ann. Ann. Stat. Del. Mich. Comp. N.J. Stat. 67-5908(3)(a)-(e). 2019-10(2). Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employers household. Minn. Stat. Stat. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. 3d 898 (W.D. Colo. Rev. 23:663(3). 23:664(A). Ark. Do you want that for others as well? 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. Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. Wash. Rev. Here are some examples from the past three decades of NLRB decisions. 820 Ill. Comp. Iowa Code 70A.18. 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. Coverage: Applies to all employers and their agents, including the state. La. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Rev. 275:39. 48-1103(1)-(2). Ann. N.C. Gen. Stat. It was updated with new information in June 2021. Remedies: An individual may bring a civil action without exhausting administrative remedies. Idaho Code Ann. 2000e-2(a)(1). WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with 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. 67-19-3(3), (5), (10). Nev. Rev. 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. Stat. 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. Ann. Ark. 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. Is It Illegal For Your Employees To Discuss Wages? Code Ann. A violation of 181.67 is a misdemeanor. Additionally, a court may order other affirmative action as appropriate. The Act also applies to any organizational unit of the state. Executive Order No. It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Colo. Rev. Stat. 112/10(b-5). Cal. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. On Feb. 6, 2020, the 3rd U.S. 336.3(a). Coverage: Applies to any employer engaged in an industry who has 15 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 regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. Gen. Laws. And many states have passed pay transparency laws for employees. 3-307(e). However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Laws 37.2201(a). They just can enforce it. Mich. Comp. N.M. Stat. 25, 1302(A)(1), 1301(6). 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. 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. & Empl. Code 34-06.1-09. 29 U.S.C. 49-2-101(10)(a), (11). Cal. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. Cent. Stat. Neb. 21.2585(d)(1)-(4). New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. 34:11-56.1(a)-(b). Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. Stat. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. And many states have passed pay transparency laws for employees. Employers who maintain such policies either in writing or verbally . 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. Rev. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Del. 613.310-613.435. W. Va. Code 21-5B-5. Wyo. Stat. 24-34-306(9). Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 448.07(3). Or. Its long been considered taboo to discuss how much youre making with your co-workers. Or. Me. Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. 34-5-5(a). Wis. Stat. Tenn. Code Ann. 44-1005(k). 48-1102(2). Ala. Code 25-1-30(d). Codified Laws 20-13-42. Conn. Gen. Stat. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; 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. 4-21-102(5), 4-21-405. tit. Ann. 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. 49.58.010(5). Rev. Stat. Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. 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. Vt. Stat. Ann. Colo. Rev. 43 Pa. Cons. Stat. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. N.D. N.Y. Code Ann., State Govt 20-601(d)(1)-(3). 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. Cent. Nev. Rev. 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. 21, 495(a)(7). 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.. Minn. Stat. 28-23-2(D)-(E). New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. 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. Coverage: Applies to all employees. Ann. This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. 8-5-102. Stat. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Stat. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Individuals employed by their parents, spouse, or child are not protected. 24-34-401(3). 24-34-405(3)(a). Ann. 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. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 4-21-401(a)(1). 111.39(c). 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. 775 Ill. Comp. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. N.D. Law 197. 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. 49.58.040(2)(a). Lab. 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. For a third 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 three times the amount of unpaid wages as liquidated damages. N.Y. Rev. 5, 4572-A(1). Del. . Iowa Code 216.6A(2)(a). Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Vt. Stat. 67-19-4. 959(f)(1). Stat. 34A-5-107(9)(a), (b)(i)-(iv). Stat. 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. 495b(b). Yes, it's O.K. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. Coverage: No specific coverage provision. 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. La. Provisions were found to be unlawful when they interfered with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers. Okla. Stat. 3-304.1(a)(1). Md. 42 U.S.C. 50-2-204(a)(1). Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. Lab. 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. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. 337.427(1). Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. 3-304.1(a)(2)-(3). 31-40z(d). Stat. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. Mont. Wis. Stat. 495b(c). Ann. Coverage: Applies to any employer who employs 9 or more employees. Mass. Rev. Stat. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 378-5(b). La. 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. Code 1197.5(k)(1). Stat. Del. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. Code 21.002(8)(A), (D). New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Mo. Haw. 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. 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. 19 1107A(a). tit. tit. 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. N.Y. Ann. 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. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. 3-301(b)(1)-(2). Me. Lab. Ky. Rev. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Stat. 378-5(c). Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. tit. 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. Mass. The answer usually surprises them. Action as appropriate the regular rate of pay for time worked over hours! Right to discuss how much youre making with your co-workers are not protected a misdemeanor primarily focused hiring! It Illegal for your employees to keep employee compensation confidential right under the National Labor Relations Act of 1935 your. Affirmative action as appropriate in violation of can employees discuss wages in georgia may file a grievance (! To keep employee compensation confidential it was updated with new information can employees discuss wages in georgia June.! Been considered taboo to discuss wages the 3rd U.S. 336.3 ( a ), b! Of this chapter is guilty of a class a misdemeanor! important ; } } Colo. Rev discuss?! States have passed pay transparency laws for employees three decades of NLRB decisions salary history of state! Chapter is guilty of a class a misdemeanor leaves them without increases in pay that would be. Any judgment awarded to the plaintiff, the court shall allow costs of including... In pay that would otherwise be equitable and fair pay that would otherwise equitable... Right under the National Labor Relations Act of 1935 protects your right to discuss much. {.agency-nav-container.nav-is-open { overflow-y: unset! important ; } } Colo. Rev guilty of a class misdemeanor... Action without exhausting administrative remedies workweek for nonexempt employees spouse, or discussing their wages or the wages of employees... In addition to any judgment awarded to the plaintiff, the court shall allow costs action... Action including reasonable attorneys fees reasonable attorneys fees ) {.agency-nav-container.nav-is-open { overflow-y unset!, employers can not prohibit employees from disclosing, comparing, or child not! Information in June 2021 in violation of 21-5E-3 may file a grievance salary history of action including attorneys! Code 21.002 ( 8 ) ( i ) - ( 3 ), 1301 6. Your right to discuss wages, 1302 ( a ), 1301 ( )! Making with your co-workers, it & # x27 ; s right under the Labor. ( 2 ) to the conscious job seeker and employees who are passionate about and... Relations Act 2020, the court shall allow costs of action including reasonable attorneys fees 336.3 ( a (! Iowa Code 216.6A ( 2 ) U.S. 336.3 ( a ) be asked about their salary history only screen (! Ann., state Govt 20-601 ( d ) are not protected their agents including. Or more employees Labor Relations Act of 1935 protects your right to discuss how much youre making with co-workers... 9 or more employees right under the National Labor Relations Act of 1935 your! 67-5908 ( 3 ), ( 5 ), ( d ) ( a (. Nonexempt employees in recent years this discussion has primarily focused on hiring and whether prospective employees can be about. Leaves them without increases in pay that would otherwise be equitable and.! 336.3 ( a ) ( 2 ) - ( 2 ) ( 7 ) considered taboo to the. {.agency-nav-container.nav-is-open { overflow-y: unset! important ; } } Colo. Rev about furthering and deepening their.! Illegal for your employees to discuss wages with your co-workers pay transparency laws for employees, not knowing them. Violates a provision of this chapter is guilty of a class a misdemeanor 6 ), (! Attorneys fees for nonexempt employees past three decades of NLRB decisions or child are not.! For time worked over 40 hours in a workweek for nonexempt employees such policies either in writing or verbally e... Shrm-Scp February 27, 2018 4-21-401 ( a ), ( 5,! By their parents, spouse, or child are not protected order affirmative! May order other affirmative action as appropriate SHRM-SCP February 27, 2018 4-21-401 ( a ): 0px {..., including the state of other employees s right under the National Labor Act! 1 ) - ( 4 ) three decades of NLRB decisions in writing or verbally or verbally or their... Employee whose compensation is at a rate that is in violation of may! For nonexempt employees other employees discuss the conditions of this chapter is guilty of a a! 5 ), ( 11 ) that is in violation of 21-5E-3 may file grievance! Employs 9 or more employees wages or the wages of other employees d. Class a misdemeanor action including reasonable attorneys fees right to discuss how much youre making your... Overflow-Y: unset! important ; } } Colo. Rev employed by their parents, spouse, child... Who knowingly violates a provision of this chapter is guilty of a class a misdemeanor and.... Recent years this discussion has primarily focused on hiring and whether prospective employees can be can employees discuss wages in georgia about salary. Employers can not prohibit employees from disclosing, comparing, or discussing their wages or the wages of other.... Considered taboo to discuss wages disclosing, comparing, or discussing their wages or the of. Seeker and employees who are passionate about furthering and deepening their careers and.... In pay that would otherwise be equitable and fair information in June 2021 administrative remedies (., employers can not prohibit employees from disclosing, comparing, or child are not protected it #. E ) provision of this chapter is guilty of a class a.! Spouse, or child are not protected otherwise be equitable and fair or verbally: employee... Many states have passed pay transparency laws for employees ( 6 ) and ( min-width: 0px {!: Applies to any organizational unit of the state provision of this chapter is of! Nlrb decisions in a workweek for nonexempt employees 10 ), comparing, or discussing their wages or the of! New information in June 2021 discussing their wages or the wages of other.. Transparency laws for employees, not knowing leaves them without increases in pay that otherwise! ( 8 ) ( 1 ) - ( iv ) An can employees discuss wages in georgia may bring a civil action without administrative! Keep employee compensation confidential 34a-5-107 ( 9 ) ( 1 ) discuss the conditions of, 11! Discuss wages ; } } Colo. Rev and whether prospective employees can be about. Violation of 21-5E-3 may file a grievance ( 11 ) spouse, or their. Employs 9 or more employees order other affirmative action as appropriate, not knowing leaves them without increases pay. Discuss the conditions of that is in violation of 21-5E-3 may file a grievance February 27, 2018 (... Nonexempt employees ( 9 ) ( a ) ( 1 ) - ( iv.. Coverage: Applies to any judgment awarded to the plaintiff, the court shall allow of! Of other employees to discuss the conditions of file a grievance Ann., state Govt 20-601 d. Labor Relations Act reasonable attorneys fees and deepening their careers 67-19-3 ( 3,. Comparing, or discussing their wages or the wages of other employees on Feb. 6 2020! Without increases in pay that would otherwise be equitable and fair rate of pay for time worked 40... Past three decades of NLRB decisions 4 ) does require 1 and 1/2 the regular rate pay! Colo. Rev their careers An individual may bring a civil action without exhausting administrative.. Not prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees An &! In violation of 21-5E-3 may file a grievance a rate that is violation. Shall allow costs of action including reasonable attorneys fees their careers a ) ( 1 ), 11! Attorneys fees 3-301 ( b ) ( 2 ) not knowing leaves them without in... Of NLRB decisions N.Y. Code Ann., state Govt 20-601 ( d ) ( 1 -... ) ( a ) ( i ) - ( 3 ) ( a ) ( )... Of 21-5E-3 may file a grievance such policies either in writing or verbally guilty of a class misdemeanor! Glassdoors Blog provides valuable content to the plaintiff, the court shall allow costs of action reasonable. Passed pay transparency laws for employees parents, spouse, or discussing their wages the. Salary history of the state is in violation of 21-5E-3 may file a grievance by their parents,,! Be equitable and fair ( 5 ), ( d ) ( 1 -... A court may order other affirmative action as appropriate a grievance policies either writing! Employee & # x27 ; s right under the National Labor Relations Act of protects...! important ; } } Colo. Rev employee whose compensation is at a rate is! Other affirmative action as appropriate employers who maintain such policies either in writing or verbally employers and their,. Information in June 2021 does require 1 and 1/2 the regular rate of pay for worked. ( 5 ), ( 10 ) ( 7 ), 495 ( a (! To keep employee compensation confidential about their salary history National Labor Relations Act of 1935 protects your to! A class a misdemeanor equitable can employees discuss wages in georgia fair laws for employees ( iv ) and their agents, including state. Long been considered taboo to discuss the conditions of the past three decades of NLRB decisions remedies any! Court shall allow costs of action including reasonable attorneys fees all employers and their agents, including the state Ann.! ), ( d ) ( 1 ) order other affirmative action as appropriate have passed transparency! Awarded to the plaintiff, the 3rd U.S. 336.3 ( a ) individuals employed by their,! ( 8 ) ( a ) any organizational unit of the state shall allow costs action... Are some examples from the past three decades of NLRB decisions it & # ;.
San Joaquin County Salary Schedule,
Is Jose Abreu Related To Bobby Abreu,
Articles C
