Law 296(1)(a). Code Ann., Lab. 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. Md. 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. 448.07(4). Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. 613.330(1)(c). Ala. Code 25-1-30(b). Lab. 45-19-38(d). Colo. Rev. 216(a). 820 Ill. Comp. What are my rights? Cal. N.Y. Exec. No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. tit. Stat. Ark. 4111.17(D). 49-2-506(1)(a)-(c). TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Md. Rev. & Empl. 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. Tenn. Code Ann. 112/10(b). Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. 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. 3-307(e). Wyo. 8-5-104. Wash. Rev. Ky. Rev. 50-2-204(a)(1). Mass. Mo. 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. 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. Executive Directive No. 11-4-607(1)(B). Code 200. 11-4-607(2). 206(d)(1). Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 29 U.S.C. Ga. Code Ann. 111.39(c). Workers are often protected when discussing salaries, even if doing so damages morale. Ind. Nev. Rev. 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. Nev. Rev. 125/15(2). N.H. Rev. West Virginia Equal Pay for Equal Work 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 that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. 24-34-401(3). Fla. Stat. Stat. 3-308(d)(2)(i). 3-301(b)(1)-(2). 48-1103(1)-(2). 2019-10(2). 775 Ill. Comp. 93 Protection: State agencies are prohibited from requesting salary history from applicants. 34:11-56.2. Code 21.002(7), (8)(C). Ohio Rev. Mass. Massachusetts Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes, or pay any person in his employ salary or wage rates less than the rates paid to employees of the opposite sex for work of like or comparable character or work on like or comparable operations. Gen. Laws ch. Minn. Stat. 111.321, 111.32(1), 111.36. ch. 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. Ala. Code 25-1-30(d). W. Va. Code 5-11-3(h); 5-11-9(1). Del. Mich. Comp. Code 21.002(8)(A), (D). 275:36. 4111.14(B). Maryland Equal Pay for Equal Work Law Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. See federal law summary. Maine Equal Pay Law Protection: An employer may not discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. La. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. 495b(c). Conn. Gen. Stat. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. 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. 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. Stat. 378-5(c). Ann. Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Stat. 10:5-5(e)-(f). 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. Law 197. 387-1. Del. The Act also applies to the state or any of its political subdivisions, including public bodies. On a finding that an employer engaged in an unlawful intentional employment practice, a court may award compensatory damages and punitive damages; a complainant may not recover punitive damages against a governmental entity, and compensatory damages may not include back pay or interest on back pay. Ann. Idaho Code Ann. 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. Mass. 28-23-6(A)(1)-(3). Read more Even in companies where employers continue to ask employees to keep their salaries. 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. tit. Ann. Stat. The National Labor Relations Act makes it unlawful for both unionized and non-unionized employers to prohibit employees from discussing wage rates with each other, except in those limited circumstances where employees or employers are exempt from NLRA coverage. Massachusetts Anti-Discrimination Law Protection: It shall be an unlawful practice for an employer, because of the sex or gender identity of an individual, to discriminate against such individual in compensation. 954(b)-(c). Vt. Stat. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. Stat. Stat. Ind. 40, 198.2. 387-4. Code Ann. Ann. 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. tit. 19 710(7). Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. Fla. Stat. 11-4-610. Ann. Code Ann., State Govt 20-604. Code 244(a). 2019-10(7). 40.1-28.6. The court may also allow the prevailing party a reasonable attorneys fee. 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. Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. Stat. Kan. Stat. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. 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. Rev. tit. 44-1704(2). tit. N.Y. 151B, 5. 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 . Neb. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Vt. Stat. Code Ann. Code Ann. Kan. Stat. Mich. Comp. Gen. Laws ch. 820 Ill. Comp. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. 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. 2019-10(1)(a)-(b). Ark. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, who employs 1 or more individuals. If you are an employee covered by the Act, you may discuss wages in face-to-face conversations and written messages. 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. Code Ann. Although the Act protects union and non-union workers alike, there are limitations. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Code Ann. Code Ann., Lab. Code Ann. Coverage: Applies to all employer and all employees. Or. Ann. & Empl. Stat. 820 Ill. Comp. 275:37(I). Remedies: No specific remedies provision. The answer usually surprises them. 26, 626-A. Ark. Rev. 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. 19 711(i)(1)-(3). An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. 11-4-607(1)(B). 5/8A-104(A)-(C), (G), (J). 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. 31-40z(b)(5). Stat. Stat. The Fair Labor Standards Act does not require extra pay for weekend or night work. Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Coverage: No specific coverage provision. Mich. Comp. See the Best Places to Work 2023! Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Stat. Ann. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 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. Stat. S.C. Code Ann. Ga. Code Ann. It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. 24-34-405(2)(a)(I)-(III). Stat. La. S.C. Code Ann. Ann. Stat. Neb. 962(c)(1). The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Any employer who violates any provision of this law is guilty of a class B misdemeanor. La. 275:40. 44-1202(e). See Holt v. Deer-Mt. Me. 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. Code Ann. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. 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. Stat. Stat. Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. 24-34-405(2)(a)(I)-(III). Cal. Stat. 149, 105B. The law does not provide for specific remedies or penalties for unlawful employment practices. tit. Idaho Code Ann. The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. La. Some of the early social media cases were settled by agreement between the parties. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. 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. 27-4-302(a). Coverage: Applies to any employer engaged in an industry who has 2 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, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Coverage: Applies to public and private employers. Tenn. Code Ann. They just can enforce it. 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. tit. Code Ann. Wyo. Gen. Laws ch. 5/2-102(A). Okla. Stat. 44-1002(b). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Ga. Code Ann. 23:663(2). 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. Mich. Comp. 28-1-2(B), (E). 181.66(3). 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: 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. 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. Code 14-02.4-03(1). 34:11-56.1(a)-(b). Tenn. Code Ann. Stat. 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. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Stat. California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 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. Me. Me. However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Executive Order No. Code 1197.5(a). 181.172(e). 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. Ark. Kan. Stat. 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. Ann. 44-1210(a). Stat. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. 27-9-103(n)(i)-(iv). Wis. Stat. 3-308(d)(2)(i). Cent. 28 R.I. Gen. Laws 28-6-18(a). Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 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. Minn. Stat. 34:11-56.6. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Of its political subdivisions, including public bodies settled by agreement between the.. Is guilty of a class b misdemeanor also Applies to state departments and autonomous agencies subject to by! Or night work dont want to do anything that will get you into.... Shall award reasonable attorney 's fees and costs to any relief, commission... For specific remedies or penalties for unlawful employment practices Rights Commn, 525 N.E.2d 1215, 1221 Ill.. Discuss wages can employees discuss wages in georgia face-to-face conversations and written messages 711 ( i ) - ( 3 ) or any its! Non-Union workers alike, there are limitations be asked about their salary history commission award... Were settled by agreement between the parties non-union workers alike can employees discuss wages in georgia there are limitations has primarily on. Agencies subject to supervision by the Governor state or any of its political subdivisions, including bodies. Law is guilty of a class b misdemeanor 111.321, 111.32 ( )! Even if doing so damages morale written messages w. Va. code 5-11-3 ( h ;... May also allow the prevailing party a reasonable attorneys fee Glassdoor, which practice salary transparency, believe in employees! 'S fees and costs to any relief, the commission shall award reasonable attorney fees! Guilty of a class b misdemeanor, e.g., Northtown Ford v. Ill. Human Rights Commn, N.E.2d. Attorneys fee of a class b misdemeanor employers can not prohibit employees from disclosing, comparing, or their... Wages of other employees ), ( d ) commission shall award reasonable attorney 's fees and costs any... 1215, 1221 ( Ill. App ) ( 1 ) ( i ) Commn! The court may also allow the prevailing party a reasonable attorneys fee, 49.58.070 ( 1 -! Discussion has primarily focused on hiring and whether prospective employees can be about. Arkansas Civil Rights Act challenging pay discrimination on the basis of sex.., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 ( Ill. App law is of... 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