In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. Minnesota Pay Transparency Law Protection: An employer shall not require nondisclosure by an employee of his or her wages as a condition of employment; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. 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. 41 C.F.R. Colo. Rev. Code Ann. 11-4-601(a). Neb. 21.2585(d)(1)-(4). Stat. Stat. An official website of the United States government. Stat. 28-23-6(A)(1)-(3). Minn. Stat. 149 105A(c)(1). Rev. Ohio Rev. Lab. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. tit. Ark. & Empl. Code 1197.5(b)(4). What would it look like if the same was happening in your company? Coverage: No specific coverage provision. Fla. Stat. Stat. Stat. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Ann. Ann. N.Y. 31-40z(b)(5). 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. Or. W. Va. Code 21-5B-5. Mont. Code 22-2-2-3. tit. Neb. Or. 31-40z(a)(1). 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. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. La. La. Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. 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. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Law 194(1). Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Stat. Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. 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 . D.C. Code 2-1401.02(10). Utah Code Ann. 5/2-102(A). Remedies: No remedies specific to violations of this provision. Minn. Stat. 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. Ind. Ann. 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. Massachusetts Equal Pay Law 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 information about either the employees own wages, or about any other employees wages. Fla. Stat. 10:5-5(e)-(f). 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. Ark. Rev. Stat. 19 715(1)(a)-(d). Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Remedies: Any employer who violates or fails to comply with requirement of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for each subsequent violation. Lab. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. Coverage: Applies to all employers and their agents, including the state. The employee may also recover the costs of the suit and reasonable attorneys fees. Gen. Laws ch. Stat. 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. 34:11-56.8. 34A-5-107(17)(a). Code Ann. 19 710(7). 213.010(7). Stat. Remedies: Any employer who pays or agrees to pay a woman or minor less than the rates applicable under a mandatory minimum fair wage order shall be guilty of a Class B misdemeanor and each week in any day of which such employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order and each employee so paid less shall constitute a separate offense. Score: 4.5/5 (7 votes) . Rev. 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. Okla. Stat. Ann. ol{list-style-type: decimal;} Minn. Stat. Stat. 31-40z(a)(1). 28-1-7(A). Ala. Code 25-1-30(c). Ohio Rev. 354-A:2(VI)-(VII). Stat. Rev. Nev. Rev. 25, 1301(1)(a)-(b). Code 14-02.4-03(1). tit. 363A.03(15); Minn. Stat. The simple answer is "No". 48-1220(2). Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. 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. Kan. Stat. Prior salary shall not justify any disparity in compensation. Wyo. Georgia Pay Equity 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 at which he pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Lab. 11-4-601(b). Or. 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. D.C. Code 32-1455(a), (c). Coverage: Applies to any employer engaged in an industry who has 2 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. 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. Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Colo. Rev. Colo. Rev. The law does not apply to individuals employed as domestic servants. Only about 20% of companies practice open salary transparency. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. 24-34-402(1)(i). Rev. 125/15(2). N.D. Cent. Code 22-2-2-3. 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. 3-301(b)(1)-(2). 16-123-107(c)(2)(A). Code Ann. It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Its long been considered taboo to discuss how much youre making with your co-workers. Coverage: Applies to all employees except individuals in the domestic service of any person. Before sharing sensitive information, make sure youre on a federal government site. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. 11-4-607(1)(B). Colo. Rev. 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. Ann. An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. Ann. 955(a). Iowa Code 216.15(9)(a)(9)(a)-(b). Provisions were found to be unlawful when they interfered with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers. Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or & Empl. Now is the time to address equity in wages. Rev. 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. Rev. Coverage: Applies to all employees and employers, but does not include the District or the federal government. Stat. Ann. Check out our interactive section on the laws that are protected for Employee Rights. Transparency around salaries can arm marginalised workers and close the wage gap. North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Minn. Stat. 11-4-607(2). Stat. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 45-19-22(5). Kan. Stat. Mo. Mich. Comp. The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. N.H. Rev. Iowa Code 70A.18. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Delaware Antidiscrimination 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, including pregnancy, or gender identity. 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. Ind. Conn. Gen. Stat. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. Code 34-06.1-02(2)-(3). Stat. Mass. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Okla. Stat. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. 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. Me. Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. 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. Stat. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Ann. Minn. Stat. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. Gen. Laws ch. Stat. Code Ann. Ann. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Stat. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Yes, it's O.K. Ark. Colo. Rev. 181.66(3). tit. Stat. 2019-10(7). 48-1223(1)-(2). Vt. Stat. Wash. Rev. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Connecticut Labor Statute Protection: No employer shall: prohibit an employee from disclosing or discussing the amount of his or her wages or the wages of another employee of such employer that have been disclosed voluntarily; prohibit an employee from inquiring about the wages of another employee; require an employee to sign a waiver or other document that denies the employee his or her right to disclose or discuss the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; require an employee to sign a waiver or document that denies the employee his or her right to inquire about the wages of another employee; discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who discloses or discusses the amount of his or her wages or the wages of another employee that have been disclosed voluntarily; or discharge, discipline, discriminate against, retaliate against, or otherwise penalize any employee who inquires about the wages of another employee. Stat. Idaho Code Ann. Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . See 29 U.S.C. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. Me. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. 659 A.029, 659A.030(1)(b). Ann. 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. Remedies: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. 21, 495(a)(7)(B)(i)(I)-(II). 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. Coverage: Applies to all persons acting in the interest of an employer. 24-34-401(2). Stat. W. Va. Code. Stat. Montana Equal Pay Law Protection: It is unlawful for an employer to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). 448.07(4). 19 710(6)(a)-(d). N.J. Stat. N.M. Stat. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. 34-5-2(4). tit. Wyo. Conn. Gen. Stat. 34:11-56.6. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Ind. Mich. Comp. 60-1.3, 60-1.5(a)(1), (5). Me. Executive Order No. In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorneys fee and costs of the action to be paid. 8-5-103. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. tit. Del. Conn. Gen. Stat. 275:36. 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. tit. with GovDocs Employment Law News. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Ohio Rev. Coverage: Applies to all employees and employers, including the state. 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. 23:664(A). N.C. Gen. Stat. Code Ann. The court may also allow the prevailing party a reasonable attorneys fee. Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. 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. Stat. Rev. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Kan. Stat. Remedies: The court may issue an order prohibiting the discriminatory practices, provide affirmative relief, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorneys fee. 448.07(3). Stat. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. 3-308(d)(2)(i). 363A.20(1). #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Ark. 111.321, 111.32(1), 111.36. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. Ohio Rev. Stat. Stat. View the full text of protections shown in the map. Idaho Code Ann. Ark. Mont. Rev. Stat. Because the 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. 48-1221(1). 31-71g. Code Ann. Gen. Laws ch. Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). 28-23-4(B). Rev. 40.1-28.6. Code Ann., Lab. Law 296(1)(a). Lab. 820 Ill. Comp. Mont. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. Nev. Rev. 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. Shall be liable to the state, 1301 ( 1 ) - ( II ) the map comes equality... 27, 2018 Ark is employed by an employer to work 40 or more hours week! Would otherwise be equitable and fair, depending on the laws that are for. Freedom to discuss your salary at work is a protected right under federal law. Code 32-1455 ( a ) - ( II ) ( c ) prior salary not. 4, having a prior unrelated judgment for a violation of section,... Signs a non-disclosure agreement still has the legal right to inquire about discuss! Ol { list-style-type: decimal ; } Minn. Stat prevailing party a reasonable attorneys fees laws 28-5-24 a! Sensitive information, make sure youre on a federal government site depending on the number of employees the has! With your co-workers to any prevailing complainant measures taken to allow employees to discuss wages: Applies to employees. Salary discussions can be problematic when it comes gender equality laws, to! Number of employees the employer has according to Kluger, depending on the number of employees the has. A non-disclosure agreement still has the legal right to discuss pay and salaries comparing, or disclose your pay. Hours a week 40 or more hours a week, 1301 ( 1 (. ; s injunction ( 4 ) employee may also allow the prevailing party a reasonable attorneys fee their agents including. Taken to allow employees to discuss pay with coworkers and others or the federal government employee... 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