Stat. Stat. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Now is the time to address equity in wages. 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. Mont. Remedies: Upon finding that an employer has engaged in an unlawful discriminatory practice, the Department may prescribe conditions on the employers future conduct and require the employer to take any reasonable measure to correct the discriminatory practice; rectify any harm, pecuniary or otherwise, to the person discriminated against; and file reports on the manner of its compliance. Mass. 41 C.F.R. 181.67(1). Ind. Stat. Colo. Rev. 60-1.5(b)(1), (c). Code 1197.5(b)(4). 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. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. Stat. Del. 206(d)(1). 820 Ill. Comp. The .gov means its official. Ark. Rev. 34:11-56.1(a)-(b). Law 190(3). Ohio Rev. Tenn. Code Ann. Code Ann. 5, 4553(3). 50-2-201(3)-(4). 28 R.I. Gen. Laws 28-6-17(b)-(c). Ind. Md. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. Code Ann. Code 49.58.020(1). Rev. Okla. Stat. 4111.17(A). 275:38-a(I)(b). 21.051(1). Haw. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. employer fring an employee because she discussed her salary with another employee. 5, 4572(1)(A). 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. Stat. Additionally, the employer may also be liable to the employee for punitive damages. 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. 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. tit. Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Cal. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. N.D. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Cal. D.C. Code 2-1402.11(a)(1). 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. Ann. Neb. 213.010(7). Code Ann. 26, 626-A. 60-1.3, 60-1.5(a)(1), (5). Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? Mo. Ann. Ohio Rev. 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. Code 14-02.4-20. Ky. Rev. 387-4. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. D.C. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or 28-23-6(A)(1)-(3). 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. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 43 Pa. Cons. 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. Vt. Stat. Code 34-06.1-05(1). 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. S.C. Code Ann. 42 U.S.C. Code Ann., State Govt 20-601(d)(1)-(3). 275:40. Executive Order No. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Ann. Md. Ark. 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. & Empl. Fla. Stat. Rev. 511(a). 28-23-4(A)(1). Stat. 151B, 5. & Empl. Stat. Applies to all employers, including the state, that employ 3 or more persons. Code Ann., Lab. La. Tenn. Code Ann. Haw. 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. Wash. Rev. 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. And many states have passed pay transparency laws for employees. 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. Kan. Stat. Rev. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5B-3 shall have a right of action against his 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's fees. South Dakota Equal Pay for Equal Work Law Protection: No employer may 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 which have comparable requirements relating to skill, effort, and responsibility, but not to physical strength. Stat. Stat. Rev. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. 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. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Stat. Wyo. N.D. N.J. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. Ann. Code Ann. Code Ann. 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. 387-12(a)(2), (a)(4). 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. 43 Pa. Cons. 8, 2011 WL 2533793, at *7 (C.D. Colo. Rev. 49.58.040(1)(a)-(b). Code Ann. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Law 197. 50-2-204(a)(2). Code Ann. Ann. Lab. Cal. Colo. Rev. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 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. Rev. Conn. Gen. Stat. 275:41-b(I)-(II). Kan. Stat. 652.210(1)-(2). Ann. An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. 10:5-5(e)-(f). N.M. Stat. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. 613.405, 613.420. Stat. Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. 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. 652.220(1)(a)-(d). N.D. Illinois Equal Wage Act Protection: An employer engaged in the manufacture of any article shall not pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture. Rev. 67-5902(6). Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. 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 of liquidated damages. No. Va. Code Ann. 43 Pa. Cons. Stat. Tex. Conn. Gen. Stat. Nev. Rev. Remedies: No specific remedies provision. Lab. 112/30(c). Stat. Stat. 48-1223(1)-(2). On Feb. 6, 2020, the 3rd U.S. Stat. Conn. Gen. Stat. N.Y. Code Ann., Lab. Del. An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. Ann. tit. 11-4-607(1)(B). Ann. 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. Rev. Stat. 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. 23:302(2)(a)-(b). Ann. Mass. 49.58.070(1). 50-2-202(a). Nev. Rev. Stat. Lab. Rev. Mich. Comp. Rev. An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. 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. 39-3-104(1). Share your salary and compare it with millions of professionals. Dist., 135 F. Supp. Ky. Rev. Fla. Stat. Mass. 216(a). Code Ann. N.H. Rev. Code Ann. New Mexico Fair Pay for Women Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate that 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 that are performed under similar working conditions. Code 22-2-2-11(a)(3)(b). Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. Mass. Stat. Minn. Stat. Lab. 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. Code Ann. 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. 49-2-601. 125/15(2). In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. An employer who violates this law is guilty of a misdemeanor. 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. Rev. Stat. Md. Stat. Iowa Code 216.15(9)(a)(1), (6)-(8). Code Ann., Lab. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Code Ann. 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. 25 1350(G)-(H). Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. 4112.01(A)(2)-(3). 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. 378-2.3. Wis. Stat. Haw. Why? 49.58.010(5). The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. Delaware Antidiscrimination Act Protection: It shall be an unlawful employment practice for an employer to: require as a condition of employment that an employee refrain from inquiring about, discussing, or disclosing his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. 19 715(1)(a)-(d). Govt Code 12926(d). N.M. Stat. 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. 24-34-401(2). Minnesota Equal Pay for Equal Work Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays 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. 613.330(1)(a). 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. Its long been considered taboo to discuss how much youre making with your co-workers. 820 Ill. Comp. . 112/10(b-5). Although the Act protects union and non-union workers alike, there are limitations. tit. 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. 3-304(b)(1)(i). Or. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Code Ann., Lab. Code Ann. Applies to men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but does not include any individual employed as an outside salesman or any individual participating in a national service program using assistance provided under 42 U.S.C. Lab. Minn. Stat. Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Stat. Employers who maintain such policies either in writing or verbally . Wyo. 25, 1301(1)(a)-(b). La. Remedies: If the commission determines that the employer has engaged in a discriminatory or unfair practice, the commission shall issue an order requiring the respondent to cease and desist from the practice and to take the necessary remedial action, which includes hiring, reinstatement, or upgrading of employees with or without pay; reporting as to the matter of compliance; posting notices; payment to the complainant of damages for injury caused by the practice which shall include actual damages, court costs, and reasonable attorney fees. Me. Ann. Ark. 495b(b). New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. Del. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). Stat. 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. Md. Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Many employers actively discourage employees from discussing pay and benefits with other employees. Nev. Rev. 659.001. 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. The employer may be fined not less than $500 nor more than $1,000 or imprisoned not more than 6 months, or both, for each offense if the total amount of all unpaid wages is more than $500 but less than $1,000. 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. 48-1119(4). Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. See the Best Places to Work 2023! tit. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. 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. W. Va. Code. Mass. Colo. Rev. Ind. Code Ann. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 2. Employee means an individual employed by an employer. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. Any employer who pays an employee less than the wages to which such employee is entitled shall be liable to the employee for the full amount of such wages and for costs and reasonable attorney fees as may be allowed by the court. Law 194(4)(a)-(b). Stat. Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. Code Ann. The Act also applies to any employer who has 1 or more employees. N.J. Stat. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Kan. Stat. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. Rev. La. Have more questions about the NLRA, PERA or your rights about discussing wages? Skip to main content February 23, 2023 Rev. Cal. Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Conn. Gen. Stat. R.I. Gen. 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