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. 48-1223(1)-(2). Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). Tex. Mont. Md. Florida Equal Pay Statute Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. & Empl. Stat. Stat. Mont. Conn. Gen. Stat. & Empl. 39-3-104(2). 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. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. The Fair Labor Standards Act does not require extra pay for weekend or night work. Cal. The Act also applies to any organizational unit of the state. N.J. Stat. Md. Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid 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. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. 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. Ann. 19 711(i)(1)-(3). 337.427(1). 67-19-4. Code 1197.5(h). 181.70. tit. 2019-10(2). Did you know that employees must be allowed to discuss salary at work? 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. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. 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. Codified Laws 60-12-18. Indiana Civil Rights Law Protection: It is a discriminatory practice to exclude a person from equal opportunities in employment because of sex; however, it is not an unlawful employment practice for an employer to classify an individual on the basis of sex in instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Vt. Stat. Ann. 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. Code Ann. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). Ann. Cal. Rev. tit. Stat. Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employers family are not considered employees. Stat. Stat. Govt Code 12926(d). 50-2-206. Wyo. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 26, 628. Rev. 11-4-607(2). La. Md. Arkansas courts have held that the Arkansas Civil Rights Act protects against pay discrimination. Fla. Stat. 48-1114(1)(d). This blog was originally published in April 2014. tit. For a second violation, the employer shall be liable to the employee(s) affected in the amount of their unpaid wages, and in instances of willful violation, up to an additional two times the amount of unpaid wage as liquidated damages. Ann. 19 709B(b)(1)-(2). Ark. D.C. 820 Ill. Comp. Or. Code 14-02.4-20. N.H. Rev. 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. 112/30(c)(1)-(2). And many states have passed pay transparency laws for employees. Rev. 16-123-107(c)(2)(A). But know that if you create a similar policy, you can't enforce it. 143-422.2. Coverage: Applies to all employers, including the state, and to all employees. 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. Md. Kan. Stat. 48-1104(1). Young adults are finding transparency freeing, as it helps them deal with feelings that theyre falling behind their peers financially and it provides them education on budgeting, borrowing and saving, reads a portion of the post. 24-34-306(9). Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). S.D. Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. tit. An enterprise is engaged in commerce if it has at least two employees and either (1) has an annual dollar volume of sales or business done of at least $500,000, or (2) is a hospital, business providing medical or nursing care for residents, school, or government agency. Ann. 50-2-204(b). Stat. Cal. 290.410. 50-2-204(a)(2). 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. 60-1.5(b)(1), (c). D.C. .h1 {font-family:'Merriweather';font-weight:700;} Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. 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. Rev. Remedies: Any employer who violates the provisions of section 48-1221 shall be liable to the employee in the amount of his or her unpaid wages, and, in instances of willful violation up to an additional equal amount as liquidated damage; the court in such action shall also allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee. 820 Ill. Comp. Neb. Code Ann. 3-307(e). Stat. Ark. Wash. Rev. Any employer who violates this law commits a Class A misdemeanor. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. See Nev. Rev. Coverage: No specific coverage provision. Coverage: Applies to all persons acting in the interest of an employer. D.C. Code. 93(5)(a). The National Labor Relations Act of 1935 protects your right to discuss the conditions of . 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. 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. 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. 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? Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. Wash. Rev. But in the US, many workers still can't talk about pay. Code Ann., Lab. Ann. Coverage: No specific coverage provision. La. 613.320(1)(a)-(b). Coverage: Applies to any employer, including the state, who hires or employs any employee, or any person, wherever situated, who hires or employs any employee whose services are to be partially or wholly performed in the state. 125/15(2). 1-13-90(d)(9). Ann. Ark. 363A.03(15); Minn. Stat. 43 Pa. Cons. Clarke-Figures Equal Pay Act .usa-footer .container {max-width:1440px!important;} Neb. 44-1704(1). Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Rev. Code Ann. Okla. Stat. Stat. 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. Conn. Gen. Stat. N.J. Stat. Ann. Del. tit. Cal. Code 1197.5(1). Code 21.002(7), (8)(C). N.M. Stat. 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. Cal. Wyo. 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. 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. Code Ann. Minn. Stat. Whether you are getting paid more or less than your co-workers, youd be helping to even the playing field and increase equity across the board. Tenn. Code Ann. 50-2-204(a)(3). Stat. 12571. N.Y. Coverage: Applies to all employers but does not apply to governmental agencies. 43 Pa. Cons. 354-A:7(I), 345-A:7(VI)(a). 19 711(a)(1). In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. Colo. Rev. 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. 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. ol{list-style-type: decimal;} Govt Code 12940(a). Lab. 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. Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Me. Stat. 608.010, 608.011 Remedies: An employer who violates the Equal Pay Law is guilty of a misdemeanor subject to an administrative penalty of not more than $5,000 for each such violation; however, the law does not provide for a private right of action for employees. 659A.355(1)(a). 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? & Empl. 28-23-6(C). Cal. Why? Stat. 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. Ga. Code Ann. Ga. Code Ann. Stat. 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. Ann. No. Lab. 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Ga. Code Ann. Ark. Me. Ark. 34:11-56.1(a)-(b). 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. Stat. 3-307(a)(2). Stat. 34A-5-107(10). Applies to all employers, including the state, that employ persons within the state, but does not apply to religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing. 44-1701(1)-(2). To clarify, an employer can simply ask (or tell) an employee not to discuss wages. To choose not to engage in any of these protected concerted activities. 27-9-102(b). 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. 3-301(b)(1)-(2). Coverage: Applies to any employer within the state, including the state, which employs 1 or more employees whose services are to be partially or wholly performed in the state, but does not apply to a person elected to public office or a person chosen by the officer to be on the officers political staff. 67-5902(6). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Stat. 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