820 Ill. Comp. 24-34-405(2)(a)(I)-(III). Rev. If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Remedies: No remedies specific to violations of this provision. Code Ann. Stat. N.Y. Rev. Vt. Stat. 4-21-102(5), 4-21-405. 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. 50-2-201(3)-(4). Okla. Stat. Stat. Mont. Mich. Comp. Ann. W. Va. Code. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Stat. 1-13-80(A)(1). 111.32(5)-(6)(a)-(b). 354-A:21(II)(d). Gen. Laws ch 151B, 5. 19 1113(a), (c). 44-1211(a). 181.68(2). Stat. Ann. Law 296(1)(a). 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. Me. 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. Code Ann. Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. Keep Informed The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 378-5(b). Iowa Code 216.6A(4). Code Ann. 45-19-38(b), (c)(1). Ohio Rev. The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Ann. The Fair Labor Standards Act does not require extra pay for weekend or night work. tit. N.J. Stat. Code Ann. Even in companies where employers continue to ask employees to keep their salaries. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Remedies: An employer that violates this law is liable to the employee affected in the amount of his or her unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. employer fring an employee because she discussed her salary with another employee. Mass. 820 Ill. Comp. Mass. Code 34-06.1-02(2)-(3). 275:40. 354-A:2(VI)-(VII). 149, 1. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. Executive Directive No. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Wis. Stat. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. See Nev. Rev. Cent. 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. Tenn. Code Ann. Coverage: Applies to all persons acting in the interest of an employer. 28-23-4(B). 50-2-204(a)(2). Stat. W. Va. Code Ann. Tex. Or. Stat. Ann. 448.07(4). Colo. Rev. 24-34-402(1)(a). Cal. 112/30(a). N.Y. Lab. Colo. Rev. For a third violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional three times the amount of unpaid wages as liquidated damages. N.H. Rev. W. Va. Code, 21-5E-1(1)-(2). The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. tit. 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. 962(c)(1). Ark. 50-2-204(a)(3). Stat. Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. Mich. Comp. Code 21.002(7), (8)(C). 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. Colo. Rev. Cal. Ann. California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Stat. 4-21-401(a)(1). A violation of 181.67 is a misdemeanor. 49-2-601. 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. 112/30(c)(1)-(2). 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. tit. Ind. 820 Ill. Comp. Cal. Or. Conn. Gen. Stat. 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. Stat. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. See 29 U.S.C. Kan. Stat. Stat. Cent. Stat. 760.10(1)(a). 151B, 5. 34A-5-107(17)(a). 28-23-6(A)(1)-(3). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 19 709B(b)(1)-(2). 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. 151B, 5. 4-21-306(a)(1), (7). Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Prior salary shall not justify any disparity in compensation. Wage non-disclosure agreements for employees are prohibited. Any employer who does not pay the wages of his employees in accordance with this law shall be guilty of a misdemeanor for the first offense and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year, and, in the event that any second or subsequent offense occurs within 6 years of the date of conviction for a prior offense, shall be guilty of a felony for the second or subsequent offense, and shall be fined not less than $500 nor more than $20,000 or imprisoned for not more than 1 year plus one day, or punished by both such fine and imprisonment, for each such offense. No. N.M. Stat. 60-1.26(a)(2), (b)(1); 60-1.27. 5, 4613(2)(B)(1), (2), (7), and (8). W. Va. Code 21-5E-3(a)(1)-(2). Code Ann. tit. Stat. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. D.C. Stat. Ann. Stat. tit. Code Ann., Lab. 344.030(2)(a)-(b). Code 22-9-1-3(h)(1)-(3). N.C. Gen. Stat. Stat. Ala. Code 25-1-20(2). La. 25 1350(G)-(H). Gen. Laws ch. Florida Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individuals sex or pregnancy. 775 Ill. Comp. 5, 4572(1)(A). Colo. Rev. & Empl. Haw. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. Minn. Stat. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Ann. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. 24-34-401(3). 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. 48-1221(1). Minn. Stat. 40, 198.1. N.H. Rev. 67-19-3(3), (5), (10). tit. 49-2-506(1)(a)-(c). 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. Rev. 206(d)(1). 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. Minn. Stat. Stat. Stat. Stat. Ark. Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. Mass. 25, 1302(B), 1307. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. 34:11-56.1(a)-(b). Stat. N.J. Stat. N.M. Stat. Additionally, the law does not apply to individuals employed by their parents, spouse, or child or in the domestic service of any person. Tex. Nev. Rev. 181.66(3). N.D. Here are some examples from the past three decades of NLRB decisions. Code Ann. 363A.08(2)(3). & Empl. New Hampshire Equal Pay Law Protection: No employer shall discharge or in any other manner discriminate against any employee because the employee has inquired about, discussed, or disclosed his or her wages or those of another employee. Conn. Gen. Stat. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. Stat. Stat. Coverage: Applies to the state and any employer employing 6 or more persons within the state but does not apply to any nonprofit corporation or association organized exclusively for fraternal purposes; any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or any exclusively social club, corporation, or association that is not organized for profit. 48-1220(2). Neb. Code Ann., Lab. 112/5. The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity by paying wages to 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. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. Rev. Code 22-2-2-11(a)(3)(b). Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Coverage: Applies to all employers, including the state, and all employees. 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. Only about 20% of companies practice open salary transparency. Stat. Remedies: Any employee whose compensation is at a rate that is in violation of 181.67 may recover against an employer the amount of the unpaid wages for the 1 year period preceding the commencement of the action, and an equivalent amount as exemplary damages. Iowa Code 216.15(9)(a)(9)(a)-(b). 19 711(a)(1). Wyo. Code Ann. Gen. Laws ch. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Stat. Neb. 5/8A-104(A)-(C), (G), (J). The National Labor Relations Act of 1935 protects your right to discuss the conditions of . tit. Govt Code 12940(a). Additionally, a court may order other affirmative action as appropriate. Code 1171. tit. Ann. Rev. Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. Ark. Laws 750.556. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Fla. Stat. tit. 143-422.2. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. 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. 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. 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. Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. 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. Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. Or. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 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. 25, 1301(1)(a)-(b). Del. Conn. Gen. Stat. 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 the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Stat. 23:666(A). Md. 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. Ann. tit. Me. Did you know that employees must be allowed to discuss salary at work? tit. 43 Pa. Cons. Cal. Mass. A civil penalty claim may be filed in any court of competent jurisdiction. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Laws 408.484. Stat. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. View the full text of protections shown in the map. 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. What are my rights? 8-5-102. Tenn. Code Ann. Stat. Code 243(a)-(b). 337.423(1). Ind. Ann. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 31-40z(b)(1)-(4), (6)-(7). Rev. 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. Ann. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. La. Rev. Stat. N.D. 24-34-401(3). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Coverage: No specific coverage provision. 26, 623. 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. Code 14-02.4-03(1). Ann. 8-5-103. Utah Code. Stat. Rev. Tex. Ark. Stat. The employees have spoken. Code 49.60.040(10)-(11). Ann. Ann. La. Why? Executive Directive No. Lab. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. 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. 203(s)(1). Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. This map provides information on federal and state-level equal pay and pay transparency protections for workers. Dist., 135 F. Supp. Ind. Colo. Rev. Idaho Code Ann. 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. 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. Md. 275:37(I). When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. . 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. 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. Ann. 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. 45-19-38(d). Ann. This button displays the currently selected search type. Rev. Nev. Rev. 12571. 18 709A(a)(4). Although the phrase concerted activities may seem broad, the NLRB has made clear interpretations over the years, resoundingly on the side of employees rights to discuss salary and wages. In fact, having a policy against it could get you into serious trouble. Lab. The National Labor Relations Act protects employees' rights to discuss conditions of employment, such as safety and pay even if you're a non-union employer. D.C. Code 32-1451(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. 820 Ill. Comp. 67-19-4. 659A.001(3)-(4)(a). 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.
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