Code Ann. A Georgia attorney could advise best, but your question remains open for three weeks. Transparency around salaries can arm marginalised workers and close the wage gap. Additionally, any monetary award ordered shall be for actual damages only. The Act also applies to the state or any of its political subdivisions, including public bodies. Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Kan. Stat. 181.68(2). Va. Code Ann. Coverage: Applies to any employer within the state. Mich. Comp. Govt Code Ann. Stat. 203(s)(1). Ann. Tex. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Wash. Rev. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Laws 750.556. See Utah Code Ann. 378-5(b). Code Ann. Stat. 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. 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. An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Fla. Stat. Code Ann., Lab. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. 19 710(6)(a)-(d). 5, 4553(4). However, policies that specifically prohibit the discussion of wages are unlawful. 24-34-401(2). 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. Stat. See 29 U.S.C. 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. 3-301(b)(1)-(2). Coverage: Applies to any employer, including the state. Ala. Code 25-1-30(b). Code Ann. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. Rev. 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. Conn. Gen. Stat. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. 275:36. Remedies: An individual may bring a civil action without exhausting administrative remedies. Code Ann. Ind. Minn. Stat. Idaho Code Ann. Ann. An agency within the U.S. Department of Labor, 200 Constitution AveNW This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. 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. Kan. Stat. Md. Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. Any employer who violates any provision of this law is guilty of a class B misdemeanor. Md. N.D. 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. Ark. 50-2-204(a)(3). 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. Ann. Although the Act protects union and non-union workers alike, there are limitations. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. Lab. Wyo. 111.32(5)-(6)(a)-(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. Laws 408.471(c)-(d). Rev. 775 Ill. Comp. 23:663(3). Nev. Rev. Lab. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. 5/2-102(A). 378-1. Mich. Comp. Rev. Me. Dist. 45-19-38(b), (c)(1). 49.58.010(5). Stat. 2. GovDocs, Inc. Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Georgia Fair Employment Practices Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to the individuals compensation because of such individuals sex. D.C. Code 2-1401.02(10). W. Va. Code 21-5B-1(1). 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. 112/30(c)(1)-(2). Stat. 608.17(1). 820 Ill. Comp. Tenn. Code Ann. Stat. See 29 U.S.C. La. Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. 41 C.F.R. Gen. Laws ch. Fla. Stat. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. 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. Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. Ann. 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. Check out our interactive section on the laws that are protected for Employee Rights. 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 Ann. Ann. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. 112/10(b-10)(1)-(2). 25, 1302(B), 1307. Stat. 24-34-405(2)(a)(I)-(III). 775 Ill. Comp. Rev. 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. Stat. Conn. Gen. Stat. Executive Order No. 11-4-601(a). But when it comes to discussing wages, you may want to consider going against the grain. 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. N.M. Stat. 495b(b). 19 715(1)(a)-(d). 31-40z(b)(5). Stat. Coverage: The law does not apply to family members. 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 . Stat. 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. 149 105A(c)(1). 19 715(1)(a)-(d). Ann. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. 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. Code Ann. .manual-search-block #edit-actions--2 {order:2;} Coverage: Applies to all employers and their agents, including the state. Iowa Code 216.15(9)(a)(9)(a)-(b). Lab. Code 1171. Stat. 60-1.3, 60-1.5(a)(1), (5). Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. Code Ann. 24-34-401(2). Stat. Why? Washington Equal Pay Law Protection: An employer may not: (a) require nondisclosure by an employee of his or her wages as a condition of employment; or (b) require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employees wages. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. 67-19-12(a), (b), (g). Laws 408.481(1). 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. La. Mo. S.C. Code Ann. 3-308(d)(2)(i). 363A.29(3). N.Y. Exec. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Idaho Code Ann. Laws 408.484. Stat. Remedies: No remedies specific to violations of this provision. Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. W. Va. Code 5-11-10. Eagan, MN 55121 Tex. Rev. Neb. Ark. tit. Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Ky. Rev. Lab. If employer policies requiring pay secrecy are unlawful, why are they still so common? Code 1171. Wash. Rev. The NLRB hears cases of potential violation of the NLRA to decide if employers are violating workers rights to perform concerted activities for the betterment of working conditions or worker representation. 336.2(a)-(b). tit. That's because there is no way for employees to gauge. 775 Ill. Comp. Code Ann. 3-301(b)(1)-(2). Stat. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. 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. Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. 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. Mich. Comp. 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. Stat. Lab. 60-1.4(a)(3). N.M. Stat. Code Ann. Stat. 387-4. Stat. 387-12(d)(1). Conn. Gen. Stat. Some employee handbooks explicitly forbid discussing salary at work. 67-5902(6)(a)-(c). Stat. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys fees. Stat. Code Ann. Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. Code 244(a). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Conn. Gen. Stat. Executive Directive No. 659A.001(3)-(4)(a). Law 297(4)(c)(i)-(ii), (vi). 8-5-103. Nev. Rev. 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. . Do you want that for others as well? Mo. Coverage: No specific coverage provision. This map provides information on federal and state-level equal pay and pay transparency protections for workers. N.Y. Code Ann. Code 232(a)-(c). Md. 820 Ill. Comp. Code Ann. The employee may also recover the costs of the suit and reasonable attorneys fees. Code 34-06.1-09. Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. 27-9-102(b). But know that if you create a similar policy, you can't enforce it. Md. 613.310(2)(a)-(c). Stat. Del. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. Minn. Stat. Stat. Code 21.002(7), (8)(C). 19 710(6)(a)-(d). But the truth is, you are allowed to talk about your salary with co-workers, by law. Coverage: Applies to all employees and employers, including agents of employers. Wyo. 337.427(1). Yes, it's O.K. In fact, having a policy against it could get you into serious trouble. tit. 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. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Stat. Mass. Coverage: No specific coverage provision. 11-4-608. Why? 19 709B(h)(3). Stat. Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. If youre considering discussing your pay with a coworker to see if you are being paid the same thing, be aware of the legal rights you may have to discuss your pay, and ask yourself a simple question: do you want to be paid for your worth? 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. N.D. Stat. Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. tit. Stat. Ky. Rev. Laws 37.2201(a). Idaho Code Ann. Ga. Code Ann. 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: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. 820 Ill. Comp. 23:302(2)(a)-(b). Ark. Minn. Stat. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 275:38-a(I)(b). 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. 2000e-5(e)(1), (f)(1), (g)(1). 10:5-12(r). The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. 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. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. 954(b)-(c). 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