Code Ann. Tenn. Code Ann. Law 296(1)(a). 4112.99. Stat. Ann. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. Code Ann. Remedies: Any employer who violates the equal pay law is liable to the employee affected in the amount of unpaid wages, and in instances of willful violation, up to an additional equal amount as liquidated damages. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. Minn. Stat. Rev. Stat. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. Rev. 4112.02(A), 4112.01(B). Stat. Idaho Code Ann. Stat. W. Va. Code 21-5B-5. Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. Ann. Ala. Code 25-1-20(2). Or. Check out our interactive section on the laws that are protected for Employee Rights. W. Va. Code 5-11-3(d)-(e). 31-40z(a)(1). 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. & Empl. 10:5-14.1a(a)-(c). Stat. Codified Laws 20-13-1(7), (11). In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Tex. 5/8A-104(A)-(C), (G), (J). Wash. Rev. 5/2-101(B)(1)(a), (c)-(e). 24-34-401(2). The answer usually surprises them. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. Nev. Rev. 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. Kan. Stat. 48-1104(1). 110/1. 31-71a(1)-(2). tit. 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. Vt. Stat. 48-1220(2). Code 22-9-1-3(h)(1)-(3). tit. 28 R.I. Gen. Laws 28-6-18(a). Stat. 28-23-4(A)(1). Tenn. Code Ann. Ann. Or. Rev. 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. Coverage: Applies to all employers but excludes from coverage employees who are subject to Section 6 (the minimum wage provision) of the Federal Fair Labor Standards Act. Rev. 613.330(1)(c). Stat. Ala. Code 25-1-30(d). N.J. Stat. 275:38-a(I)(b). Colo. Rev. 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. Code Ann. To choose not to engage in any of these protected concerted activities. Stat. Minn. Stat. Remedies: On finding that an employer has engaged in an unlawful employment practice, a court may enjoin the employer from engaging in an unlawful employment practice, and order additional equitable relief as may be appropriate, including hiring or reinstating with or without back pay, reporting on the manner of compliance, and paying court costs. Ann. 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. The simple answer is "No". Ann. 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. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Employers legally may not discipline or terminate employees for discussing their pay at work. Del. Rev. 1-888-273-3274. Affirmative action may include hiring or reinstatement with or without back pay and payment to the employee of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and costs, including a reasonable attorneys fee. 3-307(a)(2). Or. Ky. Rev. Stat. 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. Idaho Human Rights Law Protection: It is a prohibited act for an employer to discriminate against an individual with respect to compensation because of, or on the basis of, sex. 31-40z(d). Prior salary shall not justify any disparity in compensation. 275:37(I). Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 21.2585(a)(1)-(2), (b)-(c). 336.2(a)-(b). 19 715(1)(a)-(d). 27-4-302(a). .manual-search-block #edit-actions--2 {order:2;} 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. Stat. Ga. Code Ann. Code 22-9-1-6(j)(1)-(3). 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. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. 27-9-105(a)(i). Ark. But when it comes to discussing wages, you may want to consider going against the grain. 45-19-22(5). However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Neb. Stat. N.C. Gen. Stat. Del. Haw. Haw. Ann. 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. The company is headquartered in St. Paul, Minn. Md. Iowa Code 70A.18. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Rev. Md. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). 820 Ill. Comp. 820 Ill. Comp. Code 232(a)-(c). Ann. 511(a). 29 U.S.C. The NLRA allows workers to discuss topics, such as wages, that affect them at work. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. 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. 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. 23:303(A). 613.320(1)(a)-(b). 25, 1302(B), 1307. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. 19 1113(a), (c). N.Y. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. Ky. Rev. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. 820 Ill. Comp. Coverage: Applies to any employer with at least 1 employee who provides services within the state, including the state itself, but not including the federal government. Stat. 60-1.26(a)(2), (b)(1); 60-1.27. Have more questions about the NLRA, PERA or your rights about discussing wages? Wash. Rev. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Transparency around salaries can arm marginalised workers and close the wage gap. Ann. Ark. 378-2.3. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. 3-304.1(a)(1). Executive Directive No. 45-19-38(b), (c)(1). Mo. 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. 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. Minn. Stat. Coverage: Applies to public and private employers. Coverage: No specific coverage provision. Rev. 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. D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. Ann. 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. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. 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. 387-1. Code Ann. The law errs on the side of protecting employees right to concerted activity. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at 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 that are performed under similar working conditions. Code Ann., State Govt 20-601(d)(1)-(3). Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. Utah Code Ann. Mich. Comp. 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 . Lab. If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. 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. Ala. Code 25-1-30(b). tit. Va. Code Ann. Conn. Gen. Stat. Cent. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. Rev. Cal. Code Ann. Stat. 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. They just can enforce it. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? Stat. 60-1.3, 60-1.5(a)(1), (5). 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. Del. 962(c)(1). The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. 24-34-401(3). 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