Colo. Rev. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Stat. Coverage: Applies to all persons acting in the interest of an employer. 3-301(b)(1)-(2). Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Stat. Ann. Nev. Rev. See 29 U.S.C. Code 22-9-1-3(i)(1)-(2). Stat. 23:302(2)(a)-(b). 820 Ill. Comp. Coverage: Applies to all employees and employers, including agents of employers. 45-19-29(1). Ark. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. 23:342(1). tit. 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. 354-A:7(I), 345-A:7(VI)(a). Stat. 3-307(a)(1). Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. N.M. Stat. Ann. 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. Lab. Code Ann. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Tenn. Code Ann. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. 2019-10(7). La. Executive Order No. 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. Colo. Rev. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. Tenn. Code Ann. Minn. Stat. 44-1702(1). Ky. Rev. N.D. The site is secure. Lab. Rev. Code Ann. Stat. Utah Code. 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. 378-5(a). Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. On Feb. 6, 2020, the 3rd U.S. & Empl. Stat. Ann. S.C. Code Ann. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Stat. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Code 1197.5(k)(1). Coverage: Applies to all employers and their agents, including the state, and to all employees. Is it Illegal to Discuss Wages? Although the Act protects union and non-union workers alike, there are limitations. N.D. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Law 190(3). Cent. View the full text of protections shown in the map. Cal. & Empl. 3-304.1(a)(2)-(3). Lab. Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Code 14-02.4-02(7)-(8), (13). 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. Coverage: Applies to all employees. tit. Gen. Laws ch. Code 49.60.040(10)-(11). Rev. 244.230(4). Md. Mont. Tenn. Code Ann. Code Ann., Lab. W. Va. Code, 21-5E-1(1)-(2). 495b(b). Stat. Stat. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. N.H. Rev. Ann. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Mont. 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. 45-19-38(b), (c)(1). Vt. Stat. Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 44-1009(a)(1). Ind. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. 11-4-601(b). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. Stat. N.M. Stat. Minn. Stat. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). Rev. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. W. Va. Code 21-5B-1(1). An employer who violates this law is guilty of a misdemeanor. W. Va. Code. 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. 49-2-506(1)(a)-(c). 67-5908(3)(a)-(e). 27-9-102(b). Stat. Laws 408.481(1). Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. Ind. 216(b). Stat. S.D. Cal. 21-5B-4(1)-(2). 2019-10(1). Mo. Ann. Code Ann. N.D. Stat. 11-4-610. 34:11-56.1(a)-(b). Stat. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Stat. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. 39-3-104(1). tit. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. tit. 203(s)(1). Stat. 49.58.040(2)(a). Rev. Laws 750.556. Code 1197.5(1). 275:41-b(I)-(II). 363A.29(4)(a). See 29 U.S.C. Have more questions about the NLRA, PERA or your rights about discussing wages? Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. Stat. Code Ann. Stat. 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. Del. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. Kan. Stat. Govt Code 12926(d). 41 C.F.R. 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. 820 Ill. Comp. 42 U.S.C. To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. Texas Equal Work, Equal Pay Law Protection: A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. Code Ann. That's because there is no way for employees to gauge. 24-34-306(9). Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Code 200. Rev. W. Va. Code 21-5E-3(a)(1)-(2). 23:663(3). Coverage: Applies to all employees, but not to an individual elected to public office; an individual chosen by an elected officer to be on the officer's personal staff; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. Its long been considered taboo to discuss how much youre making with your co-workers. Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. Stat. Rev. Stat. Code Ann. & Empl. 1305 Corporate Center Drive 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. 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. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. See 29 U.S.C. Kan. Stat. Ann. 336.8(a). Why? Any employer who violates any provision of this law is guilty of a class B misdemeanor. Rev. Rev. tit. Code 49.58.020(1). California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. N.H. Rev. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Mont. Stat. W. Va. Code 5-11-3(d)-(e). tit. 24-34-401(3). Lab. Idaho Code Ann. 275:37(I). La. Employers who maintain such policies either in writing or verbally . Law 194(4)(a)-(b). S.C. Code Ann. 5/2-101(B)(1)(a), (c)-(e). 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. Me. Stat. 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. 10:5-12(r). 93(2). Stat. Code 14-02.4-20. Employers not covered by the NLRA or the Federal contractor executive order include municipal governments and religious schools. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 19 710(6)(a)-(d). Stat. Oct . 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. Ann. 4-21-305(b). Code 1197.5(b)(4). 16-123-107(c)(2)(A). 16-123-102(4)(A)-(C). La. 26, 623. 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. 23:644(D). Code Ann. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. N.Y. Gen. Laws ch. Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. 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. 378-1. Some employee handbooks explicitly forbid discussing salary at work. 21.2585(d)(1)-(4). 613.405, 613.420. Score: 4.5/5 (7 votes) . Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. p.usa-alert__text {margin-bottom:0!important;} S.C. Code Ann. Executive Directive No. Conn. Gen. 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. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. The law does not apply to individuals employed as domestic servants. 613.330(1)(a). Coverage: Applies to any person hired for permanent employment or temporary employment for more than 6 consecutive months by any department, commission, agency or board of the state, except for any employee of the University of West Virginia, the state college system, and the state police; certain employees of constitutional officers; and any employee of the legislature. 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. Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. 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