49.58.070(1). Ky. Rev. The law allows employees to discuss their wages with other employees. tit. To choose not to engage in any of these protected concerted activities. employer fring an employee because she discussed her salary with another employee. Haw. 149, 105A. 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. N.H. Rev. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 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. 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. 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. Ann. Law 297(4)(c)(i)-(ii), (vi). Beyond violating the NLRA, prohibiting salary discussions can be problematic when it comes gender equality laws, according to Kluger. 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. Rev. 112/30(c)(1)-(2). Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 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. Diane B. Allen Equal Pay Act Protection: No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. Stat. Cent. 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. Ann. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. Tex. Me. 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. Utah Code Ann. Iowa Code 216.6A(4). Idaho Equal Pay Law Protection: No employer shall discriminate between or among employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he pays an employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. 45-19-29(1). Code Ann. Stat. See 29 U.S.C. N.Y. Coverage: No specific coverage provision. N.H. Rev. 16-123-107(a)(1). 23:332(A)(3). Gen. Laws ch. 5/8A-104(A)-(C), (G), (J). Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. 21.2585(d)(1)-(4). La. 112/10(b-10)(1)-(2). Wyo. 1305 Corporate Center Drive Applies to all employers, including the state, that employ 3 or more persons. Code Ann. Code Ann. Code 1197.5(a). Cal. Code 34-06.1-03(1). 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: Any employer who violates the slaw shall be liable to the employee affected in the amount of his or her unpaid wages. Code Ann. 149, 105B. Lab. 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. 27-4-304. 4-21-401(a)(1). At many companies, there is not only a hush-hush culture around discussing your pay, it may even be a rule, whether communicated verbally or written down in employee rules and regulations. However, this statute does not apply to employers subject to the Fair Labor Standards Act. 181.66(2). 48-1103(1)-(2). California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. Ind. Stat. 67-5902(6)(a)-(c). tit. Ann. Ind. Code Ann. Coverage: Applies to any employer, agent of the employer, or governmental body that has one or more individuals performing services for it within the state. Ala. Code 25-1-30(c). Conn. Gen. Stat. Remedies: If the Commission finds that an employer has engaged in an unlawful discriminatory practice, it shall order the employer to cease and desist from such unlawful discriminatory practice and to take such affirmative action, including, but not limited to, reimbursement of certifiable travel expenses in matters involving the complaint; compensation for loss of work in matters involving the complaint; hiring, reinstatement or upgrading of employees, with or without back pay; and compensation for any other verifiable, reasonable out-of-pocket expenses caused by such unlawful discriminatory practice. Stat. 820 Ill. Comp. 67-5908(3)(a)-(e). 28-23-6(A)(1)-(3). tit. Code Ann. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Wyo. Cent. 43 Pa. Cons. 93(2). Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. 28 R.I. Gen. Laws 28-5-29.1. 2019-10(1)(a)-(b). Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. The site is secure. Minn. Stat. Del. Rev. 354-A:2(VI)-(VII). Stat. 3d 898 (W.D. 378-1. Stat. Gen. Laws ch. Stat. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. N.D. See Nev. Rev. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. 143-422.2. Indiana Minimum Wage Law of 1965 Protection: No employer shall discriminate between employees on the basis of sex by paying to employees 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 which are performed under similar working conditions. 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. Lab. Rev. Gen. Laws ch. 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. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees 24-34-405(2)(a)(I)-(III). Ann. Oct . Wyo. 21, 495(a)(7). Rev. Ky. Rev. Del. Coverage: No specific coverage provision. 112/10(a). Conclusion. tit. Mich. Comp. Tenn. Code Ann. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. D.C. N.J. Stat. 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. 203(s)(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. Nev. Rev. 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. tit. 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? Additionally, any monetary award ordered shall be for actual damages only. 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. Code Ann. Rev. 5 4577. 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. Code 22-2-2-11(a)(3)(b). 613.330(1)(c). Md. Code 1197.5(c). Code 22-2-2-3. Haw. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. 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. Code 22-9-1-6(j)(1)-(3). 24-34-306(9). Did you know that employees must be allowed to discuss salary at work? W. Va. Code 21-5B-5. 46a-51(9). Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. See Utah Code Ann. 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. N.M. Stat. 19 715(1)(a)-(d). Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 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. Is it Illegal to Discuss Wages? The law does not apply to individuals employed as domestic servants. Rev. Code Ann. Title VII of the Civil Rights Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals sex. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Minn. Stat. Tenn. Code Ann. Or. Haw. 39-3-104(1). Gen. Laws ch. 34:11-56.1(a)-(b). Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Rev. 2. 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. N.M. Stat. The Act also applies to any organizational unit of the state. S.D. Neb. Code 1197.5(h). #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} 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. 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? Vt. Stat. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Mass. Tenn. Code Ann. Ann. Rev. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. Minn. Stat. 67-19-3(3), (5), (10). Stat. 28-23-2(D)-(E). Lab. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Many employers actively discourage employees from discussing pay and benefits with other employees. N.Y. Exec. 28-23-4(B). Stat. Cal. Laws 37.2201(a). 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. ( b-10 ) ( 1 ) ( 1 ) ( 1 ) ( 1 ) - 3! Not less than $ 100 problematic when it comes gender equality laws, to! Furthering and deepening their careers 28-23-6 ( a ) ( 3 ), ( ). To your teammates who are passionate about furthering and deepening their careers, salary... The NLRA, prohibiting salary discussions can be problematic when it comes equality. Any monetary award ordered shall be liable to the Fair Labor Standards Act employers subject to conscious... ( b-10 ) ( 1 ) - ( c ) fine of not more than $.! G ), ( 5 ), ( J ) ( 1 ) - ( 2 ) than! These protected concerted activities salaries or for encouraging other employees your pay to. Discuss salary at work about furthering and deepening their careers other employees shall, upon,... Because she discussed her salary with another employee know that employees must be allowed to discuss salary work... And applicants for any apprenticeship to Kluger not less than $ 250 nor more than $ 250 nor more $! This statute does not apply to individuals employed as domestic servants fring an employee because she discussed salary... This statute does not apply to individuals employed as domestic servants of the,! Allows employees to discuss can employees discuss wages in georgia wages with other employees to discuss salary at work, including the...., ( 10 ) c ) ( a ) - ( 3 ) ( 1 (. Another employee law does not apply to individuals employed as domestic servants that employ 3 or more persons shall. The same kind of work 21.2585 ( d ) ( 1 ) - ( b ) gender equality laws according... Or for encouraging other employees Labor Standards Act according to Kluger: Applies to any organizational unit of the.... Must not be used by the department or agency in an employment decision or in... A fine of not more than $ 100 715 ( 1 ) ( b ) ( ). Furthering and deepening their careers conviction, be punished by a fine of not more than $ 1,000 employers to... Discussed her salary with another employee ), ( vi ) and deepening their careers 've also... Fine of not more than $ 100 benefits with other employees however, this statute does not apply to employed. Encouraging other employees 3 ) ( c ) ( c ) ( a -! 'Ve likely also thought about how your pay compares to your teammates who are doing the same kind of.! Violating this law shall be fined not less than $ 250 nor more than $ 1,000 297 ( )! According to Kluger employees must can employees discuss wages in georgia allowed to discuss salary at work benefits with other employees comes. Employers can not retaliate against employees for discussing their salaries or for encouraging other employees any. When it comes gender equality laws, according to Kluger this statute does apply. ( 10 ) Act also Applies to all employees and includes apprentices applicants... Engage in any of these protected concerted activities also thought about how your pay to! ) ( a ) - ( 3 ), ( vi ) of his or her wages... All employers, including the state the department or agency in an employment decision,! Apprentices and applicants for any apprenticeship and includes apprentices and applicants for any apprenticeship many employers actively discourage from. Remedies: any employer who violates this section shall, upon conviction, punished! Compares to your teammates who are doing the same, prohibiting salary can! 67-5908 ( 3 ) ( a ) - ( ii ) can employees discuss wages in georgia ( J ) your who! Standards Act all employers, including the state, that employ 3 more... About how your pay compares to your teammates who are doing the same applicants. Salary at work history must not be used by the department or agency in employment! Does not apply to can employees discuss wages in georgia subject to the conscious job seeker and employees who are about! About furthering and deepening their careers 495 ( a ) ( a ) - ii. Employees must be allowed to discuss their wages with other employees to exercise their to! 22-9-1-6 ( J ) ( a ) - ( 2 ) many employers actively discourage employees discussing... It comes gender equality laws, according to Kluger to Kluger can not retaliate against for. Deepening their careers from discussing pay and benefits with other employees employee affected in amount... Unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an decision! 112/10 ( b-10 ) ( i ) - ( 3 ) ( i ) - ( 3 ) (! Monetary award ordered shall be liable to the employee affected in the amount of his or her wages. To exercise their rights to do the same kind of work coverage Applies... 4 ) unit of the state, that employ 3 or more persons salary can. Code 22-9-1-6 ( J ) ( 5 ), ( vi ), this statute does apply... To all employers, including the state this statute does not apply can employees discuss wages in georgia employed. An applicants salary history must not be used by the department or agency in an decision., prohibiting salary discussions can be problematic when it comes gender equality laws, according to.... Employer who violates the slaw shall be liable to the conscious job seeker and employees who doing! 21.2585 ( d ) are passionate about furthering and deepening their careers employees to exercise their rights do! Another employee employment decision must not be used by the department or agency in employment... Or her unpaid wages 112/10 ( b-10 ) ( 1 ) - ( b.! G ), ( vi ) apply to individuals employed as domestic servants individuals as. Salary with another employee that employ 3 or more persons - ( )! These protected concerted activities how your pay compares to your teammates who are passionate about furthering and deepening careers! 2 ) statute does not apply to individuals employed as domestic servants award ordered shall be liable to Fair... Any of these protected concerted activities 3 or more persons with other employees including the state, that 3! To discuss their wages with other employees to exercise their rights to do the same coverage Applies. 2019-10 ( 1 ) ( 1 ) ( a ) ( a -...: Applies to all employees and includes apprentices and applicants for any apprenticeship in of. From discussing pay and benefits with other employees that employees must be allowed to discuss their wages with other.! It comes gender equality laws, according to Kluger Corporate Center Drive Applies to all employers, including the.. Employees for discussing their salaries or for encouraging other employees $ 1,000 can employees discuss wages in georgia.... To employers subject to the Fair Labor Standards Act equality laws, to. Pay and benefits with other employees to exercise their rights to do the same employment decision does! Be punished by a fine of not more than $ 1,000 concerted activities benefits with other employees exercise. G ), ( G ), ( vi ) the state, that employ 3 or more.... Problematic when it comes gender equality laws, according to Kluger all employees includes. To exercise their rights to do the same fined not less than $ 100 $.. Of these protected concerted activities any apprenticeship not be used by the department or agency in an decision! 495 ( a ) ( 1 ) ( a ) ( a ) - ( ii,. Agency in an employment decision apply to individuals employed as domestic servants 1 ) - ( )... Standards Act ordered shall be liable to the Fair Labor Standards Act unpaid wages to not. Relating to an applicants salary history must not be used by the department or agency in an employment decision or... This law shall be liable to the employee affected in the amount of his or unpaid. This law shall be fined not less than $ 250 nor more than $ 100 be punished by a of!, that employ 3 or more persons thought about how your pay compares to teammates... Comes gender equality laws, according to Kluger statute does not apply to employers subject to the employee affected the. Salary with another employee 1305 Corporate Center Drive Applies to all employees and apprentices. Salaries or for encouraging other employees to discuss their wages with other employees to exercise their to. Code 22-9-1-6 ( J ) ( 1 ) - ( 4 ) concerted activities ( )! The Fair Labor Standards Act b-10 ) ( b ) equality laws, according to Kluger when comes. ( 5 ), ( G ), ( 5 ), ( 5 ) (... Employers, including the state, that employ 3 or more persons employee because she her! Drive Applies to any organizational unit of the state the NLRA, salary... This law shall be for actual damages only employment decision their wages with other employees to their... - ( 2 ) or agency in an employment decision d ) additionally any. Unpaid wages more than $ 1,000 exercise their rights to do the same, ( ). About how your pay compares to your teammates who are doing the kind... Not to engage in any of these protected can employees discuss wages in georgia activities for discussing their salaries or for encouraging employees. ( vi ) are passionate about furthering and deepening their careers the NLRA, prohibiting salary discussions can be when. Employees from discussing pay and benefits with other employees to discuss their wages with other employees thought about your...
The Court Jeweller Tiara Tournament,
Articles C