The remedy may include: enjoining the employer from engaging in the discriminatory act; ordering reinstatement with or without back pay; or awarding compensatory damages ranging from $50,000 to $300,000, depending on the number of employees the employer employs. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Ann. Neb. 337.427(1). Additionally, where an individual renders services only partly in the state, the individual is not an employee unless his or her contract of employed has been entered into, or payments there under are made, within the state. 46a-51(10). Code Ann. 19 711(a)(1). Stat. Iowa Code 70A.18. Ark. Cal. Ark. Ann. 8-5-104. 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. Govt Code 12926(d). Stat. Ann. 213.111.1-2. D.C. Code 2-1403.13(a)(1)(A),(D)-(F). Code Ann., State Govt 20-505(a)(1)(i). Del. 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. 613.405, 613.420. 23:666(A). 24-34-401(2). 48-1220(2). 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. Kan. Stat. The law does not provide for specific remedies or penalties for unlawful employment practices. Gen. Laws ch. Conn. Gen. Stat. Rev. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Stat. 336.2(a)-(b). 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. Stat. Gen. Laws ch. Rev. N.J. Stat. Rev. Lab. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. 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. 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. 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. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. Stat. Ann. 203(d), 206(a), 262(a). Or. 49.58.040(2)(a). 149, 105B. 28-23-6(C). Laws 408.471(c)-(d). If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. Tenn. Code Ann. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 4-21-401(a)(1). La. Stat. 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. N.D. Haw. Lab. 31-40z(d). Tenn. Code Ann. Stat. Rev. Stat. The law allows employees to discuss their wages with other employees. Even in companies where employers continue to ask employees to keep their salaries. 378-1. Iowa Code 216.6A(4). An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. Remedies: No remedies specific to violations of this provision. 110/1. Stat. Executive Directive No. Mo. 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. Code 21.002(8)(A), (D). 25, 1302(A)(1), 1301(6). tit. Rev. S.D. 11-4-601(b). 2000e-2(a)(1). Additional Sex Discrimination Provision in the Wage Discrimination Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. 10:5-14.1a(a)-(c). Stat. On Feb. 6, 2020, the 3rd U.S. 44-1211(a). 21.258(a)(1)-(2), (b)(1), (5)-(6). Colo. Rev. Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. 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. 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. 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. Or. Colo. Rev. Dist. Code Ann. 1-13-30(h). 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. 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. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. 48-1103(1)-(2). Nev. Rev. 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. Ann. Kan. Stat. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Law 194(1). 4112.02(A), 4112.01(B). 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. 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. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). La. 112/30(a). Or. 49.58.010(5). Only about 20% of companies practice open salary transparency. 39-3-104(1). Conn. Gen. Stat. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. 11-4-610. 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. 954(b)-(c). 337.423(1). Stat. 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 . 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. Mont. 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. Stat. Minn. Stat. Stat. Cal. Because the Stat. Ann. p.usa-alert__text {margin-bottom:0!important;} General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Conn. Gen. Stat. 67-5902(6). Vt. Stat. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Remedies: If the administrative law judges finds that the employer has engaged in a discriminatory act, the judge shall serve on the employer an order requiring the employer to cease and desist from engaging the act and take affirmative action. 31-71g. About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Tenn. Code Ann. Code 1171. 44-1205. Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. The Act also applies to any employer who has 1 or more employees. Vt. Stat. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Coverage: The law does not apply to family members. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. W. Va. Code Ann. 820 Ill. Comp. Govt Code 12940(a). The .gov means its official. 820 Ill. Comp. Conn. Gen. Stat. 213.055.1(1)(a). N.H. Rev. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. La. Consult with an experienced labor and employment attorney who can evaluate your case and assist you in fighting for your rights before the NLRB or PERC. The court may also allow the prevailing party a reasonable attorneys fee. Why? tit. N.H. Rev. Utah Code Ann. Ky. Rev. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 25, 1301(1)(a)-(b). 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. 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. Stat. 613.405, 613.420. Stat. Colorado Antidiscrimination Statute Protection: It is a discriminatory employment practice for an employer to discriminate in matters of compensation against any person otherwise qualified because of sex. Skip to main content February 23, 2023 Conclusion. 2019-10(1)(a)-(b). 337.420(1)-(2), 337.423(1). 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? 19 709B(b)(1)-(2). Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 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. Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. 203(s)(1). Gen. Laws. 143-422.2. 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. 275:39. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Coverage: Applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. This button displays the currently selected search type. N.H. Rev. 48-1102(2). 3-308(d)(2)(i). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. 24-34-402(1)(a). 43 Pa. Cons. 34:11-56.1(a)-(b). If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. 4-21-306(a)(1), (7). 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. Remedies: If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense. 21-5B-1(2). 2019-10(2). 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. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). 125/2. Stat. Mass. Okla. Stat. 378-2.3. 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. Rev. Rev. Law 190(3). Idaho Code Ann. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. The law errs on the side of protecting employees right to concerted activity. Coverage: No specific coverage provision. 16-123-102(6). Coverage: Applies to public and private employers. 49.58.070(1). 2000e(b). 43 Pa. Cons. Cal. 18 709A(a)(4). The employee may also recover the costs of the suit and reasonable attorneys fees. 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. Okla. Stat. Stat. Code Ann. Stat. Coverage: Applies to any employer engaged in an industry who has 15 or more employees, as well as to any agent of the employer, and to any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the state; it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe or to a bona fide private membership exempt from taxation. 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. Executive Order No. 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. 3-301(b)(1)-(2). 24-34-401(2). 151B, 1(5)-(6). Rev. Coverage: 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. 19 710(6)(a)-(d). Lab. Law 198-a(1). It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Mass. Stat. Ga. Code Ann. 181.66(2). 40, 198.1. Nev. Rev. Stat. 28-1-2(B), (E). 67-5908(3)(a)-(e). 28 R.I. Gen. Laws 28-6-17(b)-(c). Rev. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Coverage: Applies to the state and any other person employing 2 or more employees within the state, but does not apply to religious organizations or associations. 203(s)(1). Mass. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). Ann. [CDATA[/* >