820 Ill. Comp. Suite 400 28 R.I. Gen. Laws 28-5-24(b). Tenn. Code Ann. Laws 750.556. Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid 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 14-02.4-03(1). Md. Stat. 5/2-101(B)(2). 378-1. Oklahoma Equal Pay Law Protection: It shall be unlawful for any employer within the state to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Applies to all employers, including the state, that employ 3 or more persons. 112/30(c)(1)-(2). The Act defines sex to include pregnancy and medical conditions which result from pregnancy. 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. W. Va. Code 5-11-10. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. 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. 110/1. Mo. 43 Pa. Cons. 448.07(3). Stat. 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. Stat. 48-1220(2). Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. Fla. Stat. Conn. Gen. Stat. Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. Del. It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicants wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. 613.310-613.435. Stat. 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. N.Y. Exec. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. 19 710(7). Ga. Code Ann. 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. 955(a). Rev. Del. 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. Iowa Code 70A.18. 67-19-29. 775 Ill. Comp. Stat. Stat. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Iowa Code 216.6A(4). 12571. 50-2-202(a). Mass. 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. W. Va. Code. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. Stat. Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. Ark. Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Gen. Laws ch. Remedies: Any employee whose compensation is at a rate that is in violation of 181.67 may recover against an employer the amount of the unpaid wages for the 1 year period preceding the commencement of the action, and an equivalent amount as exemplary damages. 24-34-401(2). About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. 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. N.M. Stat. 344.030(2)(a)-(b). Ark. 16-123-107(c)(2)(A). Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. 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. 26, 628. Cent. 363A.29(3). Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. What are my rights? 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. South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. Mass. Stat. Kan. Stat. Cent. tit. Or. D.C. Code 32-1451(1)-(2). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. 46a-60(a)(1). Wyo. Colo. Rev. 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). Rev. Stat. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. 3-307(e). Ann. La. 275:36. Rev. 48-1119(4). 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. Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. Neb. Stat. Utah Code Ann. 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. 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. 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. Haw. Laws 750.556. Del. Share your salary and compare it with millions of professionals. Stat. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. 24-34-401(3). 820 Ill. Comp. Rev. 4112.99. Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. 4-21-102(5), 4-21-405. Codified Laws 20-13-42. Remedies: No specific remedies provision. Rev. Rev. Executive Order No. N.D. Coverage: Applies to all persons acting in the interest of an employer. Laws 750.556. Stat. 203(s)(1). Md. 181.172(e). Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. 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. 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. Haw. 43 Pa. Cons. Me. Fla. Stat. Ann. 4112.02(A), 4112.01(B). Rev. 363A.03(15); Minn. Stat. Michigan Civil Rights Act Protection: No employer shall discriminate against an individual with respect to compensation because of sex. Ky. Rev. 203(d), 206(a), 262(a). tit. N.C. Gen. Stat. tit. Stat. Utah Code. Stat. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 60-1.3, 60-1.5(a)(1), (5). 40, 198.1. Have more questions about the NLRA, PERA or your rights about discussing wages? 44-1005(k). Laws 37.2201(a). Rev. 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? Wyo. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Stat. Gen. Laws ch. Colo. Rev. Del. Code Ann. N.J. Rev. Mich. Comp. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Stat. Mich. Comp. The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. 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. 44-1009(a)(1). & Empl. 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. The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. 28-1-2(B), (E). 19 1107A(a). Rev. 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. 43 Pa. Cons. Ann. Colo. Rev. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. Wyo. Neb. Code Ann. Rev. 23:666(A). Lab. Mass. 24-34-306(9). La. Cal. Stat. Subscribe to our blog for the latest employment law news. 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. 387-12(d)(1). 34:11-56.6. 11-4-607(1)(B). Kan. Stat. Employee compensation is a sensitive subject, one that many employers would like to keep secret. 40.1-28.6. Code Ann. 23:644(D). Stat. Ala. Code 25-1-30(b). 28-1-7(A). 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. 608.17(1). N.M. Stat. 44-1205. tit. 387-12(a)(2), (a)(4). Nev. Rev. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. You've probably wondered at some point if you're getting paid what you deserve. California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Ann. 203(s)(1). Haw. Tenn. Code Ann. Tex. Law 197. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. Any employer who violates this law commits a Class A misdemeanor. North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. 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