Code 1171. Stat. Ann. 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. Rev. 27-4-304. 10:5-14.1a(a)-(c). Ann. Did you know that employees must be allowed to discuss salary at work? 28 R.I. Gen. Laws 28-6-21. 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. Cal. When expanded it provides a list of search options that will switch the search inputs to match the current selection. 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. 23:666(A). Ala. Code 25-1-30(b). Laws 750.556. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Tenn. Code Ann. Is It Illegal For Your Employees To Discuss Wages? 34-5-5(a). The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. Stat. Yes. 111.321, 111.32(1), 111.36. 43 Pa. Cons. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. 613.320(1)(a)-(b). Stat. 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. The law does not provide for specific remedies or penalties for unlawful employment practices. & Empl. 181.172(a)(1)-(3). 21, 495d(1). Coverage: Applies to all employers and their agents, including the state. Stat. Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Coverage: Applies to any employer who employs 9 or more employees. Stat. Executive Directive No. Rev. Tex. La. 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. Ark. 613.330(1)(c). .cd-main-content p, blockquote {margin-bottom:1em;} Rev. 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. Neb. Code Ann. The law allows employees to discuss their wages with other employees. Ky. Rev. Me. N.M. Stat. Del. Md. N.H. Rev. 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. Cal. 820 Ill. Comp. N.H. Rev. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Law 194(1). Neb. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Equal Pay Act 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 Ann. 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. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Del. & Empl. 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. Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. Stat. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. S.D. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. 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. Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. See 29 U.S.C. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. Ga. Code Ann. 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. N.J. Stat. 10:5-5(e)-(f). 3-301(b)(1)-(2). If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Cal. Colo. Rev. 820 Ill. Comp. La. 67-5902(6)(a)-(c). Code Ann., Lab. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 44-1005(k). 34:11-56.2. Mich. Comp. 363A.03(16). Md. 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. Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorneys fee. 46a-60(a)(1). 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. Rev. 4112.99. 955(a). Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. Stat. Kan. Stat. 820 Ill. Comp. La. 213.010(7). Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). S.C. Code Ann. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Code 22-2-2-11(a)(3)(b). 652.210(1). Lab. 378-5(b). An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. 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. 775 Ill. Comp. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Stat. Okla. Stat. N.J. Rev. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. Remedies: The Executive Order does not create a private right of action. Now is the time to address equity in wages. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. A study by four economists supports that prediction. Minnesota Equal Pay for Equal Work 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 the employer pays 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. 337.427(1). Ann. Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. 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. Ann. 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. N.D. Haw. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. 40.1-28.6. tit. Did you know that employees must be allowed to discuss salary at work? Judea Sch. 2000e(b). Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Stat. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. 820 Ill. Comp. Ohio Rev. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Cent. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . 45-19-22(5). .table thead th {background-color:#f1f1f1;color:#222;} Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Lab. Together, we can close the gender and racial wage gap. The Act also applies to any organizational unit of the state. Stat. 2019-10(1). The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. 67-19-3(3), (5), (10). 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. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Code Ann. Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individuals sex. If employer policies requiring pay secrecy are unlawful, why are they still so common? Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. 1-13-30(h). Code 49.58.020(1). 4111.17(A). Or. 149, 1. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Rev. Md. N.H. Rev. Gen. Laws ch. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. Minn. Stat. 19 1107A(a). Some of the early social media cases were settled by agreement between the parties. 28 R.I. Gen. Laws 28-5-29.1. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. N.D. La. 820 Ill. Comp. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. 49-2-101(10)(a), (11). tit. 378-5(c). Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 40, 198.1. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Rev. Code 49.60.180(3). Ann. Law 297(4)(c)(i)-(ii), (vi). Del. Or. S.D. Coverage: No specific coverage provision. Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. Code Ann. Stat. 46a-51(10). Wash. Rev. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. 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. Coverage: Applies to all employees except individuals in the domestic service of any person. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. In other words, if you lost wages as a result of getting injured, a single attorney. D.C. Code. 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. 49-2-506(1)(a)-(c). The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. Utah Code Ann. Stat. Code Ann. Stat. Nev. Rev. Stat. Lab. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Haw. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Lab. 2. 143-422.2. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. D.C. Rev. 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. 48-1223(1)-(2). This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. D.C. Code 2-1401.02(10). 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. 344.230(2)-(3)(a), (e)-(f), (h). Tenn. Code Ann. N.D. 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. 5, 4572(1)(A). Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. tit. Iowa Code 70A.18. 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. Tenn. Code Ann. 336.5(a). #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;} Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Del. Stat. 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