Tenn. Code Ann. Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Coverage: No specific coverage provision. 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. The company is headquartered in St. Paul, Minn. 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. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Rev. Md. Stat. 151B, 5. This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. N.J. Stat. 21, 495(a)(7). Stat. Remedies: Upon a finding of discrimination, the Wisconsin Department of Workforce Development may order such action by the employer as will effectuate the purpose of the law, with or without back pay. 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. ol{list-style-type: decimal;} Oct . Lab. 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. Wash. Rev. Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. Because the Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. tit. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. A violation of 181.67 is a misdemeanor. tit. 659A.355(1)(a). N.Y. Exec. The employees have spoken. 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. S.C. Code Ann. Colo. Rev. An employer who violates this law is guilty of a misdemeanor. Stat. Laws 750.556. Stat. Stat. tit. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. Coverage: Applies to all employees and employers, including agents of employers. Mont. Rev. tit. 44-1701(1)-(2). Stat. Idaho Code Ann. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Rev. Tex. 12571. Neb. 34:11-56.1(a)-(b). Gen. Laws ch. Stat. N.J. Stat. 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. 27-9-102(b). 378-5(c). Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. Ohio Rev. Minn. Stat. 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. Read more Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Youre allowed to discuss pay: Its the law, Sign up to become a member of Glassdoor so you can. Govt Code Ann. Lab. W. Va. Code. 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. Ohio Rev. Ann. N.D. Cent. tit. 45-19-29(1). 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. Stat. Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. 149, 105A. Stat. Rev. Ind. 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. Ind. Kan. Stat. Ann. Md. 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. Ann. N.Y. 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. Ann. 39-3-104(1). Okla. Stat. Tex. 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. You've probably wondered at some point if you're getting paid what you deserve. Code Ann. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. The NLRA allows workers to discuss topics, such as wages, that affect them at work. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. Mass. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). 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. Idaho Code Ann. 2019-10(1). Ann. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Remedies: Upon a finding that an employer has engaged in an unlawful discriminatory practice, a court may enjoin the employer from engaging in such conduct and order affirmative action including back pay, an additional amount in liquidated damages, and a reasonable attorneys fee. Me. tit. Stat. Rev. Code Ann. 112/10(b-10)(1)-(2). Stat. 2000e-5(e)(1), (f)(1), (g)(1). Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. tit. Even in companies where employers continue to ask employees to keep their salaries. 43 Pa. Cons. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. Code Ann. 149, 1. Stat. Ann. 659 A.029, 659A.030(1)(b). Colo. Rev. tit. Neb. Lab. D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. Gen. Laws ch. 3-307(e). 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: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employers family are not considered employees. But know that if you create a similar policy, you can't enforce it. 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. 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. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Rev. Stat. 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. 149, 105B. 4-21-305(b). Ala. Code 25-1-30(d). 40.1-28.6. Conn. Gen. Stat. Coverage: Applies to any employer who has 15 or more employees, but does not include the United State or any corporation wholly owned by the United States, any Indian tribe, or any private membership club exempt from taxation. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. 12571. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Stat. 44-1202(e). Code 1171. 41 C.F.R. tit. Mich. Comp. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. 659A.885(1). Kan. Stat. Ark. N.H. Rev. No. 112/30(a-5). Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which 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 which are performed under similar working conditions. S.C. Code Ann. 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. Mass. Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. Code Ann. Neb. Del. 48-1103(1)-(2). 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. 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. 49-2-601. Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. 28-23-4(A)(1). If employer policies requiring pay secrecy are unlawful, why are they still so common? Stat. 23:302(2)(a)-(b). Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. 24-34-405(3)(a). Stat. 19 709B(h)(3). 48-1223(5). 3-301(b)(1)-(2). Neb. The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. Is It Illegal For Your Employees To Discuss Wages? Stat. & Empl. 44-1009(a)(1). Mont. Ann. 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. Laws 750.556. Wis. Stat. Stat. Rev. W. Va. Code 21-5B-3(1)(a)-(b). Conn. Gen. Stat. Cent. 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. .agency-blurb-container .agency_blurb.background--light { padding: 0; } They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. 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. Code Ann. N.J. Stat. Ann. Ann. Rev. 216(b). 775 Ill. Comp. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Mont. Stat. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Tenn. Code Ann. Colo. Rev. Lab. 2000e(b). Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Ind. W. Va. Code Ann. Lab. 387-12(d)(1). 820 Ill. Comp. 10:5-5(e)-(f). Ann. Executive Order No. Lab. Nev. Rev. Okla. Stat. 21, 495d(1). Executive Directive No. The site is secure. It can be difficult to challenge a culture or rule at work. Stat. Law 296(1)(a). 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. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. 3-301(b)(1)-(2). 23:663(2). No, employees are legally protected. 354-A:7(I), 345-A:7(VI)(a). Additionally, the employer may also be liable to the employee for punitive damages. 43 Pa. Cons. & Empl. Colo. Rev. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. 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. Iowa Code 216.6A(4). 23:303(A). Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. 820 Ill. Comp. Utah Code Ann. Del. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Ann. Code 22-9-1-6(j)(1)-(3). 49-2-506(1)(a)-(c). Ky. Rev. The employee may also recover the costs of the suit and reasonable attorneys fees. 363A.03(15); Minn. Stat. 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. 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. Conn. Gen. Stat. 48-1103(1)-(2). Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. tit. 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. Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. 613.405, 613.420. 10:5-14.1a(a)-(c). Gen. Laws ch. Stat. 16-123-107(c)(1)(A). See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Code Ann., Lab. Del. Cal. 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. Coverage: Applies to any employer who employs 9 or more employees. Lab. N.H. Rev.