24-34-401(2). Stat. Ann. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Haw. 387-12(a)(2), (a)(4). Code 1197.5(b)(4). & Empl. 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. D.C. Code. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. 43 Pa. Cons. 203(s)(1). Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. La. Coverage: Applies to all employer and all employees. Code 1197.5(c). 143-422.2. Nev. Rev. 959(f)(1). Mo. Ark. Me. Coverage: Applies to individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. 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. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Coverage: Applies to all persons acting in the interest of an employer. Do you want that for others as well? Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. Stat. Stat. 49-2-101(10)(a), (11). Code Ann. Ann. Mont. Stat. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Laws 408.483a(1)(a)-(c). 28-23-3(A). A Georgia attorney could advise best, but your question remains open for three weeks. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. See the Best Places to Work 2023! Skip to main content February 23, 2023 Code Ann., State Govt 20-505(a)(1)(i). N.Y. Exec. 19 711(a)(1). Lab. Federal government websites often end in .gov or .mil. Stat. West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. 613.320(1)(a)-(b). Fla. Stat. Diane B. Allen Equal Pay Act Protection: No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. Stat. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . Code 14-02.4-02(7)-(8), (13). 16-123-107(a)(1). Coverage: Does not apply to employers covered by the Fair Labor Standards Act. 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. N.H. Rev. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." See 29 U.S.C. Mass. 354-A:7(I), 345-A:7(VI)(a). .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 448.07(4). Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. 820 Ill. Comp. Rev. 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. Rev. 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. Ann. La. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 43 Pa. Cons. If employer policies requiring pay secrecy are unlawful, why are they still so common? Mo. Stat. Stat. N.M. Stat. Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. 3-307(a)(1). Coverage: The law does not apply to family members. 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. Coverage: Applies to all employers, including the state, and to all employees. Cent. Stat. 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. Stat. Conn. Gen. Stat. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay 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. The new requirements become effective on July 1, 2007. Minn. Stat. 46a-51(10). 363A.20(1). Tenn. Code Ann. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. 28 R.I. Gen. Laws 28-6-18(a). .usa-footer .container {max-width:1440px!important;} 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. Rev. Mo. Wage non-disclosure agreements for employees are prohibited. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. N.M. Stat. 93(5)(a). 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. 181.172(a)(1)-(3). 67-19-3(3), (5), (10). Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Nev. Rev. 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. 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. 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. La. Stat. Rev. 760.10(7), (9). Tenn. Code Ann. Ann. Stat. Code 1197.5(h). Ann. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Del. 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. Mo. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. An official website of the United States government. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. Employers legally may not discipline or terminate employees for discussing their pay at work. Code Ann. 27-4-301(a)-(b), (f). Rev. N.Y. Exec. 378-1. Mass. Mich. Comp. 60-1.4(a)(3). Stat. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Colo. Rev. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. Code 22-2-2-11(a)(3)(c). Mass. 10:5-5(e)-(f). Together, we can close the gender and racial wage gap. Additionally, any monetary award ordered shall be for actual damages only. Colo. Rev. Unit Sch. Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. 3-301(b)(1)-(2). Executive Order No. Md. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 25, 1302(B), 1307. 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. 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. Executive Directive No. N.D. N.M. Stat. 659.001. Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. The company is headquartered in St. Paul, Minn. tit. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Remedies: 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. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Stat. Lab. 39-3-104(1). Ann. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Stat. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. 149, 105A. N.Y. Exec. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. tit. 613.310(2)(a)-(c). 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. Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Gen. Laws ch. Rev. 495(a)(8)(D). Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. 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. Code 1197.5(a). 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. For a second 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 two times the amount of unpaid wage as liquidated damages. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Stat. Stat. 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. Conn. Gen. Stat. 213.055.1(1)(a). 43 Pa. Cons. Md. 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. 49-2-303(1)(a). 49.58.100(1)(a)-(b). N.Y. The National Labor Relations Act has been in place for nearly 90 years. Cal. 60-1.5(b)(1), (c). Mich. Comp. Conclusion. 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. Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. Remedies: An individual may bring a civil action without exhausting administrative remedies. 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. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. Mass. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Wyo. Ohio Rev. Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Ann. Mass. Minn. Stat. 112/10(b-10)(1)-(2). Delaware Antidiscrimination Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex, including pregnancy, or gender identity. & Empl. Clarke-Figures Equal Pay Act Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. 5, 4553(3). Nev. Rev. 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. Ann. The National Labor Relations Board has made it clear that this includes the right to discuss wages. 44-1002(b). Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. Gen. Laws ch. Stat. Tenn. Code Ann. Ark. Stat. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. 23:663(2). Code Ann. Why? tit. 652.210(1)-(2). Rev. 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. 49-2-506(1)(a)-(c). Tenn. Code Ann. Vt. Stat. Stat. 112/30(a-5). Rev. 46a-86(c). Tex. D.C. Code 32-1451(1)-(2). Executive Directive No. Rev. 344.030(2)(a)-(b). .usa-footer .grid-container {padding-left: 30px!important;} The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. 181.68(2). 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. Stat. Ann. Did you know that employees must be allowed to discuss salary at work? Maine Equal Pay Law Protection: An employer may not 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 that have comparable requirements relating to skill, effort, and responsibility. 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