Ann. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. Ann. Stat. 39-3-104(1). Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. Rev. Neb. 25, 1302(B), 1307. Code Ann. W. Va. Code. Code Ann. 2. 110/1. .manual-search-block #edit-actions--2 {order:2;} Stat. 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. Why? Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. 1305 Corporate Center Drive This button displays the currently selected search type. 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. 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. W. Va. Code. 23:303(A). Ann. .manual-search ul.usa-list li {max-width:100%;} Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Colo. Rev. An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. employer fring an employee because she discussed her salary with another employee. Lab. 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. Del. Md. tit. 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. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. However, policies that specifically prohibit the discussion of wages are unlawful. 48-1102(2). N.M. Stat. Stat. Stat. Rev. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Equal Pay for Equal Work Act Protection: No employer shall make any discrimination in the amount or rate of wages or salary paid or to be paid his employees in any employment in this state solely on account of the sex thereof. 41 C.F.R. tit. 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. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . To choose not to engage in any of these protected concerted activities. Ga. Code Ann. 48-1119(4). Stat. 213.111.1-2. 31-40z(d). Stat. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Only federal protections apply. 40, 198.1. Rev. Coverage: The law does not apply to family members. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. 213.075.11(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. Ann. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. N.J. Stat. Ohio Rev. Gen. Laws ch 151B, 5. Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employees wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Stat. Cal. Stat. Rev. Gen. Laws ch. Conn. Gen. Stat. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Ky. Rev. Stat. 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. Stat. 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. W. Va. Code Ann. Ark. 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. 42 U.S.C. 820 Ill. Comp. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. D.C. Code. 48-1104(1). The Act also applies to the state or any of its political subdivisions, including public bodies. 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. 820 Ill. Comp. 46a-86(c). Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. 29 U.S.C. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or Cal. Code Ann. Stat. Ann. 44-1009(a)(1). 11-4-607(1)(B). Stat. Stat. Va. Code Ann. 143-422.2. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 24-34-402(1)(i). Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. Iowa Code 216.6A(2)(a). Mich. Comp. The National Labor Relations Act has been in place for nearly 90 years. Ind. Ann. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Code Ann. Fla. Stat. 28-23-6(A)(1)-(3). The answer usually surprises them. 19 710(7). N.M. Stat. Ann. Colo. Rev. W. Va. Code 5-11-3(h); 5-11-9(1). Tenn. Code Ann. 26, 628. 448.07(3). tit. Ann. 613.310(2)(a)-(c). 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). 110/1. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Neb. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. Wyo. La. Rev. It can be difficult to challenge a culture or rule at work. 28-23-2(D)-(E). Rev. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. 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. Stat. Wis. Stat. Code Ann. Minn. Stat. 50-2-204(a)(2). Cent. Rev. La. 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. 12571. N.J. Stat. 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. Executive Order No. N.M. Stat. 363A.03(16). 775 Ill. Comp. Colo. Rev. Ann. N.J. Stat. 3-307(e). 45-19-22(5). Ga. Code Ann. Per the NLRB, pay secrecy policies may violate the law. 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. Mich. Comp. Nev. Rev. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. 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. 275:38-a(I)(b). Iowa Code 70A.18. 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. 125/15(2). Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. & Empl. See, e.g., Rotriga v. AZZ, Inc., No. Laws 408.484. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. Code Ann. Check out our interactive section on the laws that are protected for Employee Rights. 24-34-405(3)(a). Executive Directive No. 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. 34:11-56.6. Code Ann. Rev. Rev. Md. Ann. Ann. See Holt v. Deer-Mt. 24-34-405(2)(a)(I)-(III). Ann. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. tit. - fetcheatable. 112/10(b-5). 93 Protection: State agencies are prohibited from requesting salary history from applicants. Code 14-02.4-20. Code 21.002(8)(A), (D). Is It Illegal For Your Employees To Discuss Wages? Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. 652.230(1)-(2). Stat. 3-307(a)(1). Ann. 44-1005(k). 28-23-6(C). They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. Stat. 387-12(a)(2), (a)(4). 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. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. Code 14-02.4-03(1). Govt Code 12926(d). Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. 27-9-102(b). If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? N.J. Stat. Code 34-06.1-02(2)-(3). Ann. Coverage: Applies to all employer and all employees. Stat. Code Ann. Code 49.60.180(3). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 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. 28 R.I. Gen. Laws 28-6-21. 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. Ann. .cd-main-content p, blockquote {margin-bottom:1em;} Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Minn. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. N.H. Rev. 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. 45-19-29(1). 8-5-102. Code Ann., Lab. 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. Stat. Nev. Rev. 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. Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. 34A-5-106(1)(a)(i)(C), (J). Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. 775 Ill. Comp. Code Ann., Lab. Or. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Stat. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Rev. Neb. See 29 U.S.C. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. Because the 149, 1. 16-123-107(c)(2)(A). Rev. Neb. Code 1171. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). Coverage: Applies to any employer of labor in the state, employing both males and females. 32-1452(1)-(2). Ann. tit. Code Ann. Ala. Code 25-1-30(b). Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. 378-2.3. Del. 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. 26, 623. Stat. N.M. Stat. Code 22-2-2-11(a)(3)(b). 49-2-303(1)(a). Del. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. Code 1197.5(c). Code 49.60.040(10)-(11). Ga. Code Ann. 1-13-80(A)(1). Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. 41 C.F.R. Cent. Law 198-a(1). 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. 613.405, 613.420. 49.58.100(1)(a)-(b). 151B, 4(1). 613.330(1)(a). Stat. 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. Ann. Stat. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Rev. Iowa Code 70A.18. Minn. Stat. What would it look like if the same was happening in your company? 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. 50-2-204(a)(3). Stat. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. Okla. Stat. Haw. 760.10(7), (9). 495b(b). Stat. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Stat. Fla. Stat. 181.67(1). Stat. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex).
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