Ann. 5/2-101(B)(1)(a), (c)-(e). Code Ann. 34-5-2(3). & Empl. Code Ann. However, this statute does not apply to employers subject to the Fair Labor Standards Act. 67-5902(6)(a)-(c). La. 28 R.I. Gen. Laws 28-6-18(a). Md. Code 49.60.040(10)-(11). 21.2585(a)(1)-(2), (b)-(c). 3-304.1(a)(2)-(3). 4112.01(A)(2)-(3). tit. Mass. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. 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. tit. Ann. p.usa-alert__text {margin-bottom:0!important;} Code Ann. 181.66(2). Lab. Wage non-disclosure agreements for employees are prohibited. Mont. Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. Code 1171. Clarke-Figures Equal Pay Act 23:663(3). 44-1002(b). rimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. 363A.08(2)(3). 181.172(e). N.J. Stat. Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. Coverage: Applies to all employees and employers, including agents of employers. Code Ann. Together, we can close the gender and racial wage gap. 10:5-12(r). Ann. 203(s)(1). Rev. 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. Ann. 19 1101(a)(3). Executive Order No. Mo. Conn. Gen. Stat. Executive Directive No. Code 22-2-2-11(a)(3)(b). Coverage: Applies to any employer, including the state. 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. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. 50-2-202(a). 28 R.I. Gen. Laws 28-6-21. 34-5-3(a). 3d 898 (W.D. Gen. Laws ch. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. 28-1-11(E). 93 Protection: State agencies are prohibited from requesting salary history from applicants. 5, 4613(2)(B)(1), (2), (7), and (8). The National Labor Relations Act has been in place for nearly 90 years. 962(c)(1). Coverage: Applies to all employees and employers, but does not include the District or the federal government. Stat. The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. Lab. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Stat. And many states have passed pay transparency laws for employees. N.M. Stat. Rev. See federal law summary. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. 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. The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment 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. Mich. Comp. Or. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. N.D. N.J. Stat. Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Del. Coverage: 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. 48-1223(1)-(2). An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Mass. Remedies: No specific remedies provision. Gen. Laws ch. 613.320(1)(a)-(b). 42 U.S.C. 48-1119(4). Mass. 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. 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. Rev. Code Ann., Lab. Minn. Stat. 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. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. Stat. Code 34-06.1-05(1). 28-23-4(B). 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. See 29 U.S.C. Stat. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. 112/5. Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. 50-2-204(a)(2). 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. 125/2. 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. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. 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. 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. Ann. 5/2-102(A). 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. La. Nev. Rev. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Rev. Code 14-02.4-03(1). 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. 27-9-105(a)(i). Neb. Mo. Ann. Lab. 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. N.D. Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Wyo. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Code Ann., Lab. tit. 111.321, 111.32(1), 111.36. 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. Ann. 25, 1302(B), 1307. 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. Me. Stat. Code Ann., State Govt 20-601(d)(1)-(3). Stat. 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. Rev. 112/30(c)(1)-(2). Neb. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Workers are often protected when discussing salaries, even if doing so damages morale. Prior salary shall not justify any disparity in compensation. Ark. D.C. 1-13-80(A)(1). Ga. Code Ann. Me. 216(a). Stat. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. 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. 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. 31-40z(d). 820 Ill. Comp. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 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. Code Ann., Lab. 21-5B-4(1)-(2). 354-A:21(II)(d). Coverage: The law does not apply to family members. Vt. Stat. The employee may also recover the costs of the suit and reasonable attorneys fees. Rev. Mich. Comp. 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 of liquidated damages. An employer who violates this law is guilty of a misdemeanor. Stat. Stat. Ohio Rev. 31-40z(b)(5). 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. 448.07(1)(a)-(b). Stat. 363A.03(15); Minn. Stat. Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Minn. Stat. Stat. Mass. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. 24-34-405(2)(a)(I)-(III). 181.67(1). Stat. N.Y. Code Ann. 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. Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Code 1197.5(b)(4). 659A.885(1). Yes, it's O.K. Vt. Stat. Del. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. 21-5B-1(2). In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorneys fee and costs of the action to be paid. Coverage: Applies to any 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. 26, 626-A. 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. No. 336.2(a)-(b). 49-2-303(1)(a). See 29 U.S.C. Check out our interactive section on the laws that are protected for Employee Rights. 149, 105B. Ann. Lab. Coverage: No specific coverage provision. 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. Minn. Stat. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Fla. Stat. Me. The Act also applies to any organizational unit of the state. 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). 31-71g. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Or. Tenn. Code Ann. S.C. Code Ann. Stat. Stat. The NLRA allows workers to discuss topics, such as wages, that affect them at work. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Tenn. Code Ann. 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. Stat. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. 959(f)(1). 151B, 5. Ind. Idaho Code Ann. tit. Ann. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. Code Ann. Me. Ala. Code 25-1-30(b). Stat. Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. Ann. Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. 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? Ark. 5, 4572-A(1). Ohio Rev. 45-19-22(5). 21.258(a)(1)-(2), (b)(1), (5)-(6). While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. 28-1-2(B), (E). 67-19-29. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. 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