Stat. N.M. Stat. Stat. 40.1-28.6. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. 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. Coverage: Applies to all employers and their agents, including the state. Code Ann. Rev. Rev. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 60-1.3, 60-1.5(a)(1), (5). Stat. In fact, having a policy against it could get you into serious trouble. Yes, it's O.K. Stat. Remedies: Any employee whose compensation is at a rate that is in violation of this section shall have a right of action against the 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 fees. Lab. Minn. Stat. 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. 387-4. Coverage: Applies to all employers but does not apply to governmental agencies. 19 715(1)(a)-(d). 203(d), 206(a), 262(a). 5, 4553(3). Wash. Rev. Stat. Before sharing sensitive information, make sure youre on a federal government site. 46a-51(9). 206(d)(1). Coverage: No specific coverage provision. And you may be tempted to just compare numbers. Tenn. Code Ann. They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice. Cal. Rev. tit. 21-5B-4(1)-(2). Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Gen. Laws ch. 820 Ill. Comp. 149 105A(c)(1). Wash. Rev. The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. 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. N.Y. Exec. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. 8, 2011 WL 2533793, at *7 (C.D. However, in recent years this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Md. Code 232(a)-(c). Code 22-2-2-11(a)(3)(b). Rev. The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. 28-1-11(E). Stat. Codified Laws 20-13-10. Neb. 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. Stat. Colo. Rev. 8-5-103. In addition, the presiding officer shall determine the damage suffered by the complainant and shall allow reasonable attorneys fees and costs. Code Ann. 16-123-102(4)(A)-(C). Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. 448.07(2)(a). 93(3)(a). Rev. Lab. However, policies that specifically prohibit the discussion of wages are unlawful. 613.310-613.435. Del. An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. Nebraska Fair Employment Practice Act Protection: It is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation because of such individual's sex. 24-34-402(1)(a). N.M. Stat. Remedies: An individual may bring a civil action without exhausting administrative remedies. Lab. Ann. Stat. Kentucky Civil Rights Act Protection: It is an unlawful practice for an employer to discriminate against an individual with respect to compensation because of the individuals sex. Code 22-9-1-3(h)(1)-(3). Florida Civil Rights 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 or pregnancy. Ohio Minimum Fair Wage Standards Law Protection: No employer shall discriminate in the payment of wages on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays wages to another employee for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar conditions. 244.230(4). Did you know that employees must be allowed to discuss salary at work? Remedies: Any employee discriminated against in violation of this section may sue in any court to recover two times the amount of the difference between the wages actually received and the wages received by a person performing equal work for the employer, and for costs, including attorney fees. The City of Philadelphia announced Aug. 6 that . Mo. But know that if you create a similar policy, you can't enforce it. 112/5. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). 45-19-38(b), (c)(1). Me. Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee. 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. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Stat. Rev. 363A.03(15); Minn. Stat. Montana Human Rights Law Protection: It is an unlawful discriminatory practice for an employer to discriminate against a person in compensation because of sex when the reasonable demands of the position do not require sex distinction. Code Ann., Lab. 34A-5-107(9)(a), (b)(i)-(iv). 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. Any employer who violates any provision of this law is guilty of a class B misdemeanor. tit. Executive Directive No. Gen. Laws ch. 495(a)(8)(D). Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. Rev. 19 710(7). Ann. Code Ann. If the Commission finds that the employer has engaged in intentional discrimination in violation of this Act, the Commission may award compensatory damages. Fla. Stat. Wash. Rev. Code 1197.5(h). Stat. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." 21, 495d(1). Del. Vt. Stat. Coverage: Applies to all persons acting in the interest of an employer. 34-5-5(a). N.J. Stat. Neb. 10:5-14.1a(a)-(c). 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 employers permission to have such discussions. 34A-5-106(1)(a)(i)(C), (J). 659.001. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Stat. What would it look like if the same was happening in your company? Applies to all employers, including the state, that employ 3 or more persons. Kan. Stat. & Empl. Code Ann. Tex. Govt Code Ann. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. Stat. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. Fla. Stat. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. D.C. 67-19-3(3), (5), (10). Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Md. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. 41 C.F.R. 40, 198.1. W. Va. Code. 50-2-204(b). Iowa Code 216.15(9)(a)(1), (6)-(8). N.Y. Stat. 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. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." Circuit Court of Appeals ruled that Philadelphia may enforce its pay history ban, vacating a lower court's injunction. 31-40z(a)(1). 151B, 1(5)-(6). West Virginia Equal Pay for Equal Work Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. 28-1-7(A). 46a-51(10). Ky. Rev. Why? 344.040(1)(a). Massachusetts Anti-Discrimination Law Protection: It shall be an unlawful practice for an employer, because of the sex or gender identity of an individual, to discriminate against such individual in compensation. Nev. Rev. Rev. 659 A.029, 659A.030(1)(b). Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. 820 Ill. Comp. Minn. Stat. Coverage: Applies to every woman, 18 years or older, in receipt of or entitled to compensation for labor performed for any employer. Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Nev. Rev. Stat. 613.405, 613.420. Coverage: Applies to all employees except individuals in the domestic service of any person. 29 U.S.C. ol{list-style-type: decimal;} 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. Me. 24-34-405(3)(a). The new requirements become effective on July 1, 2007. 19 1113(a), (c). 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. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Law 197. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. tit. & Empl. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. And many states have passed pay transparency laws for employees. Ark. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Code 1197.5(c). Executive Directive No. 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. Code 49.60.040(10)-(11). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. Dist., 135 F. Supp. Ky. Rev. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. 378-5(a). 67-19-12(a), (b), (g). Ann. Code Ann. 3-301(b)(1)-(2). Stat. 275:39. 775 Ill. Comp. The NLRA allows workers to discuss topics, such as wages, that affect them at work. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. Code Ann. Ind. Cal. 112/30(a-5). Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Ga. Code Ann. An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. Rev. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. tit. Rev. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Rev. See, e.g., Rotriga v. AZZ, Inc., No. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. Ohio Rev. Tenn. Code Ann. Stat. 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. Nev. Rev. Is it Illegal to Discuss Wages? 149, 105B. Code 14-02.4-03(1). 5 4577. Ala. Code 25-1-30(b). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Code Ann. N.J. 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