Ga. Code Ann. Ann. Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney fees. La. Stat. 613.330(1)(a). Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. 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. Wage Transparency Law Protection: An employer shall not require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee; or discharge, discipline, interfere with, or otherwise retaliate against an employee who . 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. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Ind. Clarke-Figures Equal Pay Act tit. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Ann. 3-308(d)(2)(i). 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. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. 19 709B(h)(3). 21, 495d(1). Kan. Stat. tit. W. Va. Code 5-11-10. Rev. 344.030(5). Rhode Island Fair Employment Practices Act Protection: It is unlawful for any employer, because of an employees sex (including pregnancy), gender identity, or gender expression, to discriminate against him or her with respect to hire, compensation. 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. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. N.C. Gen. Stat. Ann. Ann. 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. Stat. Stat. Stat. 20-1009(a)(2)(i)-(ii). 820 Ill. Comp. 448.07(4). Tenn. Code Ann. Stat. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} 28-23-6(C). Stat. Rev. Lab. 42 U.S.C. 24-34-405(3)(a). West Virginia Equal Pay for Equal Work for State Employees 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 the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. 24-34-306(9). Vt. Stat. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. 50-2-202(a). Ala. Code 25-1-20(2). 27-4-301(a)-(b), (f). Code Ann. Ga. Code Ann. 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. See Nev. Rev. Code Ann. Ann. Maine Human Rights Act Protection: It is unlawful employment discrimination, except when based on a bona fide occupational qualification, for any employer to discriminate with respect to compensation because of sex. & Empl. D.C. Code. 112/10(b-10)(1)-(2). 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. Is It Illegal For Your Employees To Discuss Wages? Stat. Haw. Code 34-06.1-05(1). Rev. Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. Rev. Nev. Rev. Rev. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. 44-1704(1). Rev. Stat. 21-5B-1(2). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. 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. Ann. 4-21-305(b). North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. 32-1452(1)-(2). Additionally, the employer may also be liable to the employee for punitive damages. Rev. 31-40z(a)(1). Code 22-2-2-3. Stat. Gen. Laws ch. 34A-5-107(17)(a). The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. 28-23-4(B). 149, 1. W. Va. Code Ann. 49.58.100(1)(a)-(b). tit. 31-40z(b)(1)-(4), (6)-(7). Md. 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. Govt Code 12940(a). Haw. 40, 198.2. 336.5(a). Neb. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Ann. Haw. 48-1104(1). 19 710(7). Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. 48-1223(5). N.J. Stat. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. 21, 495d(1). Coverage: Applies to the state and any employer or agent of the employer employing 6 or more persons within the state but does not include corporations and associations owned and operated by religious or sectarian groups. In Colorados 2008 Wage Transparency Act (S.B. Rev. Colo. 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. See Holt v. Deer-Mt. Remedies: Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived, and any female employee receiving less than the wage to which she is entitled may recover in a civil action the balance of the wages, together with the costs of suit. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Rev. Ark. Coverage: Applies to all employers, including the state, and all employees. 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. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 775 Ill. Comp. N.M. Stat. 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. Stat. The law does not apply to individuals employed as domestic servants. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. 820 Ill. Comp. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). 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. W. Va. Code, 21-5E-1(1)-(2). 39-3-104(1). Ann. 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. 354-A:2(VI)-(VII). Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. 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. N.J. Stat. La. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. Ann. Md. 24-34-306(9). Ann. 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. Lab. 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. Tenn. Code Ann. Code tit. 659A.885(1). Ohio Rev. tit. See Utah Code Ann. tit. 34:11-56.2. 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. Stat. 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. Codified Laws 20-13-10. Rev. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. 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. 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. 760.11(5). Conn. Gen. Stat. Rev. 24-34-405(2)(a)(I)-(III). Stat. Coverage: Applies to any employer, including the state. Law 198(1-a). 24-34-401(2). If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. Stat. 49.58.070(1). 11-4-608. Lab. Codified Laws 20-13-42. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Mo. Remedies: If it is found that the employer has engaged in an unlawful practice, the employer shall be required to cease and desist from the unlawful practice and to take remedial action, including hiring, reinstatement, or upgrading of employees with or without back pay. Stat. W. Va. Code 5-11-3(h); 5-11-9(1). An employer who violates this law is guilty of a misdemeanor. tit. W. Va. Code 5-11-3(d)-(e). Govt Code 12965(c). 111.32(5)-(6)(a)-(b). 112/5. The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. Ohio Rev. Minn. Stat. Tex. Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. 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. 29 U.S.C. Ann. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Wyo. Mass. 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 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. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. 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. tit. Gen. Laws ch. 93(3)(a). 4112.02(A), 4112.01(B). 44-1205. Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Lab. Rev. Ann. Rev. Colo. Rev. The .gov means its official. Lab. tit. Ann. 613.310-613.435. Ann. And many states have passed pay transparency laws for employees. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. 18 709A(a)(4). Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Rev. 111.321, 111.32(1), 111.36. 16-123-107(a)(1). N.D. 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. Wis. Stat. Code 49.58.020(1). Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Okla. Stat. 31-40z(d). Code Ann. 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. Federal government websites often end in .gov or .mil. Ann. Cal. 43 Pa. Cons. Unit Sch. 25, 1301(1)(a)-(b). N.J. Stat. 613.320(1)(a)-(b). 659 A.029, 659A.030(1)(b). Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. 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. 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. Rev. 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. Stat. 659.001. Tenn. Code Ann. Stat. Mont. 8-5-103. Stat. Code Ann. Wyo. 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. Ann. 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. Ala. Code 25-1-30(d). Mont. Conn. Gen. Stat. Ann. N.Y. Exec. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. 181.66(3). Neb. Tenn. Code Ann. 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. tit. 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. Ark. 760.10(7), (9). Wage non-disclosure agreements for employees are prohibited. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 44-1202(e). Stat. Code Ann. 24-34-402(1)(a). In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. 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. 959(f)(1). Coverage: Applies to all persons acting in the interest of an employer. Md. Tenn. Code Ann. Code Ann. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. N.M. Stat. Vt. Stat. Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. Stat. Rev. Me. La. 125/2. 203(s)(1). Many employers actively discourage employees from discussing pay and benefits with other employees. Executive Order No. tit. Minn. Stat. S.D. 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. 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. But when it comes to discussing wages, you may want to consider going against the grain. 19 711(a)(1). S.D. Stat. Md. 112/30(c). Ohio Rev. Stat. 5, 4613(2)(B)(1), (2), (7), and (8). 23:303(A). Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. Lab. Conn. Gen. Stat. 10:5-12(r). Gen. Laws ch. Haw. Cent. Stat. Dist., 135 F. Supp. 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. Nev. Rev. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Conclusion. Lab. 49-2-601. 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. Coverage: Applies to all employees except individuals in the domestic service of any person. 48-1223(1)-(2). 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. Workers are often protected when discussing salaries, even if doing so damages morale. Idaho Code Ann. See Utah Code Ann. Or. 111.39(c). 21.2585(d)(1)-(4). Coverage: Applies to all employers but does not apply to governmental agencies. Discrimination bring their claims under the federal Equal pay Act in addition this. Of a misdemeanor to public officers and employees employed by a fine of not more $... Max-Width: 100 % ; } 28-23-6 ( C ) on the of. Your employees to Discuss wages in face-to-face conversations and written messages the employer may also liable... 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