820 Ill. Comp. Ark. 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. tit. 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. 4111.17(A). Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Wyo. 48-1119(4). 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). Ann. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Stat. Or. 149, 105A. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. In fact, having a policy against it could get you into serious trouble. Minn. Stat. Tex. 2019-10(7). Lab. 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. Stat. Idaho Code Ann. Stat. 354-A:21(II)(d). 387-4. Stat. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. 24-34-405(3)(a). Stat. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. And you may be tempted to just compare numbers. tit. Remedies: An employer who violates this provision may be found liable for compensatory damages, attorneys fees and costs, punitive damages, and such legal and equitable relief as the court deems just and proper. Rev. 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. Lab. Because the Additionally, the commission may publish the names of persons who have been determined to have engaged in an unlawful practice. 275:41-b(I)-(II). 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. Delaware Antidiscrimination Act 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 his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. 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. N.J. Stat. 49.58.040(1)(a)-(b). Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? 275:40. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Ky. Rev. Ann. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. 34A-5-107(9)(a), (b)(i)-(iv). Rev. Del. Ann. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. 511(a). 181.68(1). 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. 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. tit. 3d 898 (W.D. .usa-footer .container {max-width:1440px!important;} Coverage: Applies to employers that regularly employer 15 or more employees. 39-3-104(1). Eagan, MN 55121 N.H. Rev. 2. Vt. Stat. An employer who violates this law is guilty of a misdemeanor. S.C. Code Ann. Lab. 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. 344.230(2)-(3)(a), (e)-(f), (h). Code Ann. To choose not to engage in any of these protected concerted activities. 11-4-607(1)(B). Iowa Code 70A.18. Coverage: Applies to all employers but does not apply to governmental agencies. Rev. 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. 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. Stat. New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. Code Ann. Wash. Rev. Or. Haw. Some of the early social media cases were settled by agreement between the parties. Md. Idaho Code Ann. Keep Informed The court may also allow the prevailing party a reasonable attorneys fee. Stat. Conn. Gen. Stat. Ann. State agencies may not rely upon previously obtained prior salary information in determining an applicants salary. Clarke-Figures Equal Pay Act Rev. Mont. Code Ann. Gen. Laws ch. Nev. Rev. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. 378-2.3. Code 1171. 110/1. Code 21.002(8)(A), (D). Md. Idaho Code Ann. Md. 4111.14(B). Tenn. Code Ann. N.J. Stat. 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. Judea Sch. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Code 244(a). Colo. Rev. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. 23:342(1). tit. Vt. Stat. Colo. Rev. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Tex. 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. Ann. Rev. Coverage: Does not apply to employers covered by the Fair Labor Standards Act. Code Ann. Or. Before sharing sensitive information, make sure youre on a federal government site. Code Ann. Stat. Rev. 21.2585(a)(1)-(2), (b)-(c). Stat. Stat. Code Ann., Lab. 28-23-4(A)(1). 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. Codified Laws 60-12-15. Stat. 45-19-38(d). Ann. Ga. Code Ann. Cent. Lab. 387-1. Vt. Stat. 4-21-306(a)(1), (7). Stat. Stat. 49.58.040(2)(a). 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. Code Ann. Laws 750.556. Va. Code Ann. 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. N.D. 44-1210(a). Me. 448.07(4). Minn. Stat. 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. W. Va. Code, 21-5E-1(1)-(2). Idaho Code Ann. 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. Rev. 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. Del. Ann. Code 34-06.1-02(2)-(3). Stat. Ky. Rev. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. Kan. Stat. Stat. 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. 244.230(4). Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Tex. Many employers actively discourage employees from discussing pay and benefits with other employees. Cal. 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. Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offers personal staff. 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. 34-5-3(a). Stat. Cal. N.D. Fla. Stat. Stat. N.M. Stat. Stat. La. Ann. 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. 613.405, 613.420. Ann. Rev. Md. 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. 45-19-22(5). 2000e-2(a)(1). Protection: An employer may not pay any of its employees at wage rates less than the rates paid to employees of another sex for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, and performance under similar working conditions. 181.66(2). Ann. Conn. Gen. Stat. 67-19-12(a), (b), (g). 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. Stat. Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. N.J. Stat. 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. Rev. Workers are often protected when discussing salaries, even if doing so damages morale. 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. & Empl. 1305 Corporate Center Drive N.H. Rev. 19 710(6)(a)-(d). TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Code 22-2-2-3. 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. 40, 198.1. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Md. Stat. Cal. 112/10(b-10)(1)-(2). Coverage: Applies to any employer, including the state. 34A-5-107(10). Ark. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 23:663(3). Stat. Code Ann., Lab. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Ann. Stat. 112/10(b-5). Code Ann 11-4-611(a), (b)(1)(3). Stat. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Mich. Comp. N.D. Haw. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. 19 710(7). Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 43 Pa. Cons. 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. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Or. Coverage: Applies to all employer and all employees. Haw. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. 495b(b). When expanded it provides a list of search options that will switch the search inputs to match the current selection. Stat. Rev. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Haw. S.D. Me. 48-1220(2). Neb. Gen. Laws ch 151B, 5. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. 27-4-302(a). Stat. 48-1223(1)-(2). Stat. Del. Gen. Laws ch. Md. Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. .usa-footer .grid-container {padding-left: 30px!important;} 20-1009(a)(2)(i)-(ii). Code Ann. 275:39. 19 711(a)(1). Nev. Rev. Stat. La. Coverage: Applies to all employers, including the state, and to all employees. 43 Pa. Cons. Stat. La. 28-1-2(B), (E). 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. 44-1205. Suite 400 Coverage: Applies to any employer of 6 or more persons in the state. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. & Empl. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 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. tit. 363A.20(1). 11-4-601(a). New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Code 34-06.1-03(1). 39-3-104(1). & Empl. Idaho Code Ann. There is a cap on the sum of the amount of compensatory damages ranging from $25,000 to $300,000 for each complaining party, depending on the number of employees the employer has; however, these limitations do not apply to back pay, interest on back pay, or any equitable relief. See, e.g., Rotriga v. AZZ, Inc., No. Stat. Colo. Rev. 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. S.D. Ann. 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. 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. 21-5B-4(1)-(2). 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. Utah Code Ann. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. tit. tit. Did you know that employees must be allowed to discuss salary at work? Rev. Stat. 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. D.C. Stat. 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. Stat. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Code Ann. Rev. 3-304.1(a)(2)-(3). Lab. 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. Stat. Lab. 19 709B(b)(1)-(2). Md. N.H. Rev. 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. Ann. 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. Labor Standards Act the court may also allow the prevailing party a reasonable attorneys fees and.... An unlawful practice persons in the state or the federal government site this section shall upon... 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