Wash. Rev. Read more Rev. Me. 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. 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. Remedies: No remedies specific to violations of this provision. Stat. 31-40z(b)(1)-(4), (6)-(7). Coverage: Applies to all persons acting in the interest of an employer. 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. Prior salary shall not justify any disparity in compensation. Code Ann. 112/10(b). New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. 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. Lab. Code Ann. 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. Cent. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. Mass. 659 A.029, 659A.030(1)(b). Ind. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. tit. 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. 5/2-101(B)(2). Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. 511(a). Coverage: Applies to all employers, including the state, and to all employees. tit. 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. 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. 151B, 5. Together, we can close the gender and racial wage gap. Ann. Ark. Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. 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. 613.310(2)(a)-(c). 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. 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. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. Code Ann. Stat. Dist. Ann. Stat. Kan. Stat. N.Y. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. 213.055.1(1)(a). Remedies: No specific remedies provision. 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. 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. Remedies: An individual may bring a civil action without exhausting administrative remedies. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. 10:5-12(a). Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. D.C. Code 32-1451(1)-(2). 652.230(1)-(2). N.H. Rev. - fetcheatable. 31-40z(b)(5). National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. 203(d), 206(a), 262(a). 45-19-29(1). It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer, unless the job applicants wage or salary history is a matter of public record or the job applicant is a current employee and is applying for a position with the same employer. Skip to main content February 23, 2023 20-1009(a)(2)(i)-(ii). Ann. 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. If, the commission does not act on an employees complaint within 180 days, the employee may bring a civil action and the court may award actual and punitive damages, and may award court costs and reasonable attorney fees. 40.1-28.6. Those specifically excluded include: Federal, state, or government workers Agricultural laborers Airline employees 337.420(1)-(2), 337.423(1). Ark. S.D. 21-5E-4(a). Rev. Rev. S.D. 112/10(b-10)(1)-(2). Ann. Rev. 954(b)-(c). Ann. Judea Sch. Yes, it's O.K. 44-1205. 48-1221(1). 181.172(a)(1)-(3). Or. Ann. Code 14-02.4-02(7)-(8), (13). 760.11(5). tit. Law 198-a(1). In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. 820 Ill. Comp. 149, 1. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). Ark. Ann. Maine Human Rights Act Protection: It is unlawful employment discrimination, except when based on a bona fide occupational qualification, for any employer to discriminate with respect to compensation because of sex. Minn. Stat. 46a-51(9). 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. Mass. In fact, having a policy against it could get you into serious trouble. Stat. W. Va. Code 21-5B-1(1). 608.180, 608.195(2). Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. 10:5-12(r). Illinois Equal Pay Act of 2003 Protection: It is unlawful for any employer to discharge or in any other manner discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of any other employee. Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. Idaho Code Ann. Code Ann., Lab. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. 50-2-204(b). Colo. Rev. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. 4-21-313(a)(1)-(6), (b). Ann. Employers who maintain such policies either in writing or verbally . Dist., 135 F. Supp. tit. 112/30(c)(1)-(2). Code Ann. 2000e(b). Cent. S.D. Stat. Code Ann. Ann. The law errs on the side of protecting employees right to concerted activity. 29 U.S.C. N.C. Gen. Stat. Neb. 4-21-401(a)(1). 2019-10(1)(a)-(b). Stat. 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. Ann. 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. Ark. Stat. 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. 34A-5-107(17)(a). 40.1-28.6. 8-5-104. Gen. Laws ch. tit. Rev. Or. 3-304.1(a)(1). Vt. Stat. 820 Ill. Comp. D.C. Code 2-1402.11(a)(1). An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. Iowa Code 70A.18. Mass. Remedies: The court shall have the authority to order the employer to cease and desist or modify its existing employment policies; order the employer to hire, reinstate, or promote the employee; order the payment of compensatory damages (including general and special damages) and punitive damages not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964; and order the costs of litigation and reasonable attorneys fees to the prevailing party. Tex. 28-23-3(A). Ann. Conn. Gen. Stat. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Code Ann. Ann. Rev. 28-23-2(D)-(E). Score: 4.5/5 (7 votes) . Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. 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. 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. 4-21-306(a)(1), (7). Code 21.002(8)(A), (D). Wash. Rev. Mich. Comp. Haw. 5 4577. If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. Code Ann. 93(3)(a). 24-34-405(3)(a). 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. Ga. Code Ann. 3-308(d)(2)(i). Code 1197.5(k)(2). 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. The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. 125/15(2). Vt. Stat. Stat. 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. Or. D.C. & Empl. This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 3-301(b)(1)-(2). N.M. Stat. Stat. Va. Code Ann. Del. 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. Me. Del. 216(a). It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. Mont. N.C. Gen. Stat. Did you know that employees must be allowed to discuss salary at work? Code Ann. Idaho Code Ann. 275:36. Stat. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. Yes. 1-13-30(h). 613.310-613.435. 244.230(4). Utah Code Ann. Okla. Stat. Fla. Stat. 29 U.S.C. Mont. 1-13-80(A)(1). 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. However, policies that specifically prohibit the discussion of wages are unlawful. Ark. Colo. Rev. Stat. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Stat. 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. Lab. Stat. 659A.885(1). Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employers household. Stat. Stat. Stat. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. 652.210(1)-(2). Remedies: No specific provision of remedies for violation. See, e.g., Rotriga v. AZZ, Inc., No. 24-34-306(9). 31-40z(a)(1). 48-1114(1)(d). See Utah Code Ann. 24-34-401(2). Ind. W. Va. Code Ann. , 206 ( a ), ( 6 ), ( 13 ) employees can be about! For which the Governor has oversight authority 21.002 ( 8 ) ( 2 ) to all,! Like, Discussing wages creates tension and racial wage gap 3-301 ( )! 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