Del. Lab. Gen. Laws ch. tit. & Empl. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. 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. 19 710(6)(a)-(d). Stat. Coverage: Applies to all persons acting in the interest of an employer. Stat. Clarke-Figures Equal Pay Act 820 Ill. Comp. Stat. 26, 628. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Rev. Rev. Executive Order No. Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. 820 Ill. Comp. 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. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 45-19-38(d). Utah Code Ann. Or. 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. 363A.03(15); Minn. Stat. with GovDocs Employment Law News. Code Ann. Kan. Stat. 31-71g. Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. Gen. Laws ch 151B, 5. Have more questions about the NLRA, PERA or your rights about discussing wages? W. Va. Code. Iowa Code 216.15(9)(a)(9)(a)-(b). Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Ann. Conn. Gen. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. Code Ann. 149, 1. 21-5E-4(a). 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. 4111.14(B). Code Ann. West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individuals sex with respect to compensation if the individual is able and competent to perform the services required. 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.. No, employees are legally protected. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. Stat. Laws 408.483a(1)(a)-(c). Code 22-2-2-11(a)(3)(b). Iowa Code 216.6A(4). Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. Del. 19 710(6)(a)-(d). Coverage: Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. 28 R.I. Gen. Laws 28-6-17(b)-(c). Rev. 24-34-401(2). 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. 31-40z(d). Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Stat. Stat. Code Ann. 67-19-4. 21-5B-1(2). Ohio Rev. 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. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 11-4-607(1)(B). Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. Code Ann. 820 Ill. Comp. Ind. Individuals employed by their parents, spouse, or child are not protected. Code Ann. Code 232(a)-(c). Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. 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. 21, 495d(1). Wash. Rev. 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. Me. Mass. 21, 495(a)(7). Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. 28-23-4(A)(1). Code Ann. 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. 11-4-601(b). 49-2-506(1)(a)-(c). Stat. In fact, having a policy against it could get you into serious trouble. Ala. Code 25-1-30(c). 203(d), 206(a), 262(a). Lab. 495(a)(8)(D). Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. The law does not provide for specific remedies or penalties for unlawful employment practices. Rev. N.D. Rev. Stat. However, policies that specifically prohibit the discussion of wages are unlawful. Law 292(5)-(6). Stat. Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. The employees have spoken. tit. Stat. In fact, having a policy against it could get you into serious trouble. Md. Stat. S.C. Code Ann. Code Ann. 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). Stat. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Stat. Laws 750.556. Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. What are my rights? 337.423(1). 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. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. See 29 U.S.C. 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. Rev. Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. Haw. Stat. Ann. Stat. 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. 10:5-12(a). Neb. N.Y. Coverage: Applies to all employers and their agents, including the state. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. Wyo. 336.2(a)-(b). 10:5-14.1a(a)-(c). Section 7 of the Act gives employees these rights. OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. Ga. Code Ann. 1-888-273-3274. 337.420(1)-(2), 337.423(1). Additionally, the employer may also be liable to the employee for punitive damages. Gen. Laws ch. 962(c)(1). tit. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. 1-13-90(d)(9). A Georgia attorney could advise best, but your question remains open for three weeks. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Tex. 775 Ill. Comp. N.J. Stat. Cent. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Mass. 387-4. Ann. Idaho Code Ann. Rev. 48-1102(2). 213.111.1-2. Stat. Lab. 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. Ga. Code Ann. Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Code 22-2-2-4(d). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} .usa-footer .grid-container {padding-left: 30px!important;} Law 194(1). Cent. N.H. Rev. 44-1211(a). Coverage: Applies to all employers but does not apply to governmental agencies. Stat. See, e.g., Rotriga v. AZZ, Inc., No. Me. 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. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. Mich. Comp. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Code 22-9-1-3(i)(1)-(2). Coverage: Applies to all persons acting in the interest of an employer. Gen. Laws ch. Maryland Equal Pay for Equal Work Law Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. 8-5-102. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. Only federal protections apply. Ann. .manual-search-block #edit-actions--2 {order:2;} Cent. 50-2-201(3)-(4). Stat. Md. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Remedies: An employee may bring a civil action against an employer for violation of this provision for 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. 3-308(d)(2)(i). Cent. Rev. Ann. Rev. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. 652.230(1)-(2). 336.8(a). Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. 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. Stat. Prior salary shall not justify any disparity in compensation. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. The Act also applies to any organizational unit of the state. W. Va. Code 21-5B-5. Utah Code. tit. 45-19-22(5). Stat. Me. N.H. Rev. 448.07(1)(a)-(b). Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. La. But when it comes to discussing wages, you may want to consider going against the grain. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. 23:644(D). 613.320(1)(a)-(b). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Remedies: No remedies specific to violations of this provision. 21, 495d(1). 5/2-101(A)(1)(a)-(c). 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. Stat. Many employers actively discourage employees from discussing pay and benefits with other employees. 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. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. Wis. Stat. 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. Rev. Stat. Code 21.002(8)(A), (D). Code Ann. 16-123-102(6). Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. 659A.355(1)(a). Colo. Rev. Vt. Stat. 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. 112/30(c)(1)-(2). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Code Ann. Additionally, a court may order other affirmative action as appropriate. - fetcheatable. Kan. Stat. Remedies: The Executive Order does not create a private right of action. Stat. 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. 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. 3d 898 (W.D. 24-34-405(2)(a)(I)-(III). Ann. 41 C.F.R. 203(s)(1). Coverage: Applies to all employees and employers, including agents of employers. 448.07(3). 363A.08(2)(3). Neb. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 337.427(1). Code 34-06.1-05(2). 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. Utah Code Ann. 290.400(2), (4). An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. In Colorados 2008 Wage Transparency Act (S.B. Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. Ala. Code 25-1-30(d). Ann. 25 1350(G)-(H). 213.010(7). Code Ann. 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. 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