5, 4553(4). Ind. 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. 29 U.S.C. Conclusion. Coverage: Applies to all employees except individuals in the domestic service of any person. Stat. 378-1. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. 10:5-12(r). This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Tenn. Code Ann. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. Okla. Stat. tit. 43 Pa. Cons. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Mass. New Mexico Fair Pay for Women 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 that 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. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. Wyo. W. Va. Code. 43 Pa. Cons. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Stat. Conn. Gen. Stat. Wash. Rev. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. Del. Fla. Stat. Del. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. 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. Stat. Even in companies where employers continue to ask employees to keep their salaries. Ark. Rev. Ark. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. 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. 652.210(1). 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. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Ga. Code Ann. Md. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Cal. Rev. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. 4111.17(A). Is it Illegal to Discuss Wages? Dist. D.C. Code 2-1402.11(a)(1). 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. Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. 8-5-104. Rev. 31-40z(a)(1). Executive Order No. Wash. Rev. California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. tit. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Code Ann. 336.3(a). Ky. Rev. Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Code 22-2-2-3. 34:11-56.1(a)-(b). Remedies: No specific remedies provision. Remedies: If the commission finds that the respondent has engaged in a discriminatory practice, the commission may require the respondent to pay actual damages to the complainant and to pay reasonable attorneys fees; the commission may also require the respondent to take affirmative action, including a requirement for reports of the manner of compliance. Ohio Rev. Code 49.60.180(3). 344.030(2)(a)-(b). 34A-5-106(1)(a)(i)(C), (J). Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Code 22-2-2-11(a)(3)(c). Code 34-06.1-09. 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. An agency within the U.S. Department of Labor, 200 Constitution AveNW 50-2-201(3)-(4). 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. Minnesota Equal Pay for Equal Work 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 the employer pays 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. 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. Utah Code Ann. Coverage: Applies to all employees and employers, including the state. Gen. Laws ch. What are my rights? Rev. Ohio Rev. tit. Vt. Stat. Gen. Laws ch. Code Ann. Md. Mo. 45-19-22(5). Code Ann. Stat. Stat. Because the 363A.29(3). Laws 750.556. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. 5 4577. Gen. Laws ch. Tex. 11-4-607(2). Only federal protections apply. Lab. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive. Wash. Rev. 60-1.3, 60-1.5(a)(1), (5). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. 5, 4613(2)(B)(1), (2), (7), and (8). Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. Stat. Code Ann., State Govt 20-505(a)(1)(i). Laws 37.2202(1)(a). N.Y. 23:644(D). Ark. Lab. Stat. Rev. Gen. Laws ch. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Stat. Laws 37.2201(a). Mass. 39-3-104(2). 67-5909(1). Stat. 3-308(d)(2)(i). 112/10(a). Suite 400 La. Stat. 48-1223(5). Colo. Rev. Code Ann. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Ga. Code Ann. 45-19-38(d). Dist., 135 F. Supp. Mont. 4112.02(A), 4112.01(B). Utah Code Ann. Rev. 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. The Act defines sex to include pregnancy and medical conditions which result from pregnancy. 1305 Corporate Center Drive #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. Mass. Code 1171. Code Ann 11-4-611(a), (b)(1)(3). Cent. 4-21-313(a)(1)-(6), (b). 49-2-601. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. Ark. Stat. Stat. The .gov means its official. tit. Stat. 4112.99. Score: 4.5/5 (7 votes) . 48-1223(1)-(2). & Empl. Ann. Wash. Rev. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Stat. Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. 27-9-103(n)(i)-(iv). N.Y. Minn. Stat. Me. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. Del. N.J. Stat. Mont. 959(f)(1). Code Ann. 27-4-304. 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). Gen. Laws ch. Cent. An official website of the United States government. Kan. Stat. W. Va. Code. 10:5-14.1a(a)-(c). Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. 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. tit. Code 34-06.1-03(1). Yes, it's O.K. 28 R.I. Gen. Laws 28-5-29.1. Ann. Rev. 27-4-302(a). Stat. 34:11-56.6. Cal. Codified Laws 60-12-18. Ann. 149, 1. 775 Ill. Comp. Minn. Stat. Tenn. Code Ann. 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. 820 Ill. Comp. Remedies: No remedies specific to violations of this provision. Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. N.M. Stat. On Feb. 6, 2020, the 3rd U.S. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Some of the early social media cases were settled by agreement between the parties. Rev. Code Ann. 112/30(c)(1)-(2). Rev. 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. Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. 608.180, 608.195(2). Stat. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. tit. 34:11-56.2. Individuals employed by their parents, spouse, or child are not protected. Stat. Stat. 11-4-607(1)(B). Keep Informed It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Ann. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. 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. 613.310(2)(a)-(c). Stat. See 29 U.S.C. 28-1-7(A). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Stat. The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. 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. Ann. 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. Laws 750.556. 111.39(c). Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. 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: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Me. 28-23-6(C). Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. Mo. & Empl. 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. Wash. Rev. 43 Pa. Cons. .h1 {font-family:'Merriweather';font-weight:700;} 67-19-4. Stat. & Empl. Code Ann. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Ky. Rev. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. However, this statute does not apply to employers subject to the Fair Labor Standards Act. Mont. 448.07(4). Tex. Stat. 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. In fact, having a policy against it could get you into serious trouble. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. La. 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. Coverage: Applies to the state with respect to its employees, except for those employees exempt from classification under 67-19-12. 19 710(6)(a)-(d). 24-34-402(1)(i). 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. Stat. 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? Mich. Comp. 67-19-29. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. Transparency around salaries can arm marginalised workers and close the wage gap. Conn. Gen. Stat. 336.2(a)-(b). 48-1114(1)(d). & Empl. Rev. N.J. Stat. Md. 27-4-301(a)-(b), (f). Ala. Code 25-1-30(b). Code Ann. Stat. An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. The Act also applies to any employer who has 1 or more employees. Code 1197.5(a). 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. Ann. 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. Rev. Lab. 29 U.S.C. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. tit. Idaho Code Ann. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. This button displays the currently selected search type. The Act also applies to any organizational unit of the state. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. 820 Ill. Comp. Now is the time to address equity in wages. 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. N.J. Stat. Wash. Rev. Additionally, any monetary award ordered shall be for actual damages only. Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. 2. 28 R.I. Gen. Laws 28-6-17(b)-(c). N.D. GovDocs, Inc. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. 24-34-401(3). Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 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. Except individuals in the domestic service of any person, commits a b... Within the U.S. Department of Labor, 200 Constitution AveNW 50-2-201 ( 3 -. Shall be for actual damages only all employers and their agents but does not apply to employers subject supervision! 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Department of Labor, 200 Constitution AveNW 50-2-201 ( 3 ) imagine how positive! The wage gap the United States judgment for a violation of section 4, commits Class! To clarify, an employer who violates the slaw shall be for actual damages only pregnancy and medical which! Statute does not apply to the state if an employer can simply ask ( or tell ) employee! Action for pay and/or file a civil action for pay and/or file a civil action pay... Slaw shall be liable to the state 5:12cv120, 2013 ) measures taken allow!
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