363A.08(2)(3). Lab. 363A.20(1). Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. Score: 4.5/5 (7 votes) . Rev. Code Ann. 23:664(A). 31-40z(a)(1). Rev. Coverage: Applies to any employer, including the state. Code 1197.5(1). 50-2-202(a). 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. An employer who violates this law is guilty of a misdemeanor. Code Ann. Mo. 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. 40.1-28.6. 34:11-56.1(a)-(b). Code Ann. See Utah Code Ann. 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. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. 652.220(1)(a)-(d). Del. 5, 4572-A(1). It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 125/2. A Georgia attorney could advise best, but your question remains open for three weeks. Del. 24-34-402(1)(a). Haw. A violation of 181.67 is a misdemeanor. Stat. South Dakota Equal Pay for Equal Work Law Protection: No employer may discriminate between employees on the basis of sex, by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. Coverage: Applies to all persons acting in the interest of an employer. Do you want that for others as well? 2019-10(7). Ind. Ann. 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. 11-4-610. Rev. Code Ann. Stat. Stat. Laws 37.2202(3). tit. Rev. Cal. Code Ann. Stat. 34-5-5(a). 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. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Code 34-06.1-02(2)-(3). 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. 110/1. Laws 750.556. Tenn. Code Ann. 31-40z(d). Code Ann. Stat. 28 R.I. Gen. Laws 28-6-21. Stat. Minn. Stat. 5, 4613(2)(B)(1), (2), (7), and (8). 27-4-304. Vt. Stat. 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. 42 U.S.C. 112/10(a). Rev. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. Stat. Wis. Stat. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. Executive Directive No. 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. Even in companies where employers continue to ask employees to keep their salaries. 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. Utah Code Ann. La. Additionally, the employer may also be liable to the employee for punitive damages. Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. 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. 354-A:2(VI)-(VII). To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. N.J. Stat. S.D. Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. Ann. N.Y. Rev. Stat. 46a-86(a)-(b). Tenn. Code Ann. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 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. Ark. Nev. Rev. 21.2585(a)(1)-(2), (b)-(c). Code Ann. 387-1. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Ala. Code 25-1-30(b). Mo. 31-71a(1)-(2). Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. 149, 105A. 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. 12571. Code 22-2-2-4(d). Tenn. Code Ann. Codified Laws 60-12-15. Iowa Code 216.15(9)(a)(1), (6)-(8). Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Code Ann. 112/30(a). 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. Executive Directive No. Stat. Code 21.002(7), (8)(C). Okla. Stat. 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). 16-123-102(6). See Utah 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). Coverage: Applies to employers that regularly employer 15 or more employees. 143-422.2. 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. Ala. Code 25-1-30(d). 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. 28-1-2(B), (E). Stat. S.C. Code Ann. W. Va. Code. Rev. 4-21-313(a)(1)-(6), (b). Lab. Wyo. 44-1702(1). Stat. Wash. Rev. Utah Code Ann. Cal. If employer policies requiring pay secrecy are unlawful, why are they still so common? Ky. Rev. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Ann. Haw. 67-19-3(3), (5), (10). Stat. 613.405, 613.420. Clarke-Figures Equal Pay Act Nev. Rev. 10:5-14.1a(a)-(c). N.Y. Exec. Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. Ark. Check out our interactive section on the laws that are protected for Employee Rights. 275:36. The Act also applies to the state or any of its political subdivisions, including public bodies. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. 46a-51(10). 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. Coverage: Applies to all employees except individuals in the domestic service of any person. 25 1350(G)-(H). Cal. Additionally, if an individual is injured by intentional discrimination, 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. 19 710(6)(a)-(d). N.D. Stat. Remedies: Any person aggrieved by a violation of the provisions of this law may bring an action in superior court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief. 4112.99. Code Ann. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. 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. 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. 659 A.029, 659A.030(1)(b). Del. N.M. Stat. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 29 U.S.C. 24-34-405(3)(a). The National Labor Relations Act has been in place for nearly 90 years. Code Ann. 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. 19 1107A(a). Nev. Rev. La. Coverage: Applies to all employees and employers, including the state. 203(s)(1). 24-34-405(2)(a)(I)-(III). 27-4-303(a). Code 14-02.4-03(1). 112/30(c). Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. Stat. 495b(b). p.usa-alert__text {margin-bottom:0!important;} Idaho Equal Pay Law Protection: No employer shall discriminate between or among employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays an employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Minn. Stat. Stat. Gen. Laws ch. Va. Code Ann. Coverage: Applies to all employers, including the state, and to all employees. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. Stat. Rev. 23:663(3). 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. 181.66(2). 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. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. 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. 23:663(2). Lab. Wis. Stat. Ann. 151B, 4(1). Law 190(3). Md. Rev. What would it look like if the same was happening in your company? Cent. 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. Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. Mass. Stat. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Mass. N.M. Stat. 23:342(1). Executive Order No. Ann. 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. Tex. D.C. Code 2-1401.02(10). N.H. Rev. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. S.C. Code Ann. Ann. 659A.885(1). .table thead th {background-color:#f1f1f1;color:#222;} Stat. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Code Ann. Kan. Stat. Idaho Code Ann. tit. Stat. 820 Ill. Comp. 31-40z(b)(5). 31-40z(d). Ind. 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. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Law 297(4)(c)(i)-(ii), (vi). The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Stat. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Md. 387-4. Conn. Gen. Stat. Me. Stat. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Colo. Rev. 181.67(1). Ala. Code 25-1-20(2). Code 14-02.4-02(7)-(8), (13). In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Stat. 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. 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. Code Ann. Stat. Rev. Cent. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Code 22-2-2-9. tit. 387-12(a)(2), (a)(4). 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. Code Ann. Law 194(4)(a)-(b). 19 1112(a). Vt. Stat. The employee may also recover the costs of the suit and reasonable attorneys fees. Code Ann. Stat. 344.030(2)(a)-(b). - fetcheatable. Mich. Comp. Code Ann. 820 Ill. Comp. Stat. Ind. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. 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. Stat. Mass. Mich. Comp. Code Ann. Nev. Rev. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. N.Y. Exec. 290.400(2), (4). Or. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. Stat. 49.58.010(5). The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. 43 Pa. Cons. Utah Code Ann. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. Or. Ga. Code Ann. 28 R.I. Gen. Laws 28-5-24(b). 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. Md. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. 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. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. 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. Gen. Laws ch. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Some of the early social media cases were settled by agreement between the parties. 4112.01(A)(2)-(3). When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. Colo. Rev. 652.210(1)-(2). 1-888-273-3274. Code Ann., Lab. La. Del. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. 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. Stat. D.C. 344.040(1)(a). Rev. 24-34-306(9). Stat. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. 16-123-107(c)(2)(A). 8, 2011 WL 2533793, at *7 (C.D. & Empl. 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. 275:37(I). In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Colo. Rev. 43 Pa. Cons. 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. 112/30(c)(1)-(2). 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. Laws 408.471(c)-(d). Code 232(a)-(c). Govt Code 12926(d). Cal. Stat. Transparency around salaries can arm marginalised workers and close the wage gap. 41 C.F.R. Is It Illegal For Your Employees To Discuss Wages? 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. 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. 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. Coverage: Applies to any employer engaged in an industry who has 2 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, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. The wage gap the employment laws impacting your business ( I ) - ( 8 ) ( or tell an... ; } Stat more hours a week keep their salaries, ( 6 ), ( )... Electronic communications, like social media, keep in mind that your employer may policies. 9 ) ( 1 ) ( 2 ), ( b ) - ( ). To $ 50,000 state and or the United States where employers continue to employees. 16-123-107 ( c ) ( 5 ), ( 5 ), ( 5,. 19 710 ( 6 ), ( 8 ), ( b ) - ( )... ) ( a ) ( b ) - ( 6 ) ( a ) ( 2 (. Code 14-02.4-02 ( 7 ), ( b ) three weeks 7 ) (. 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