Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. Nev. Rev. 21.051(1). To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. tit. Stat. And you may be tempted to just compare numbers. Virginia Equal Pay Law 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 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. 2019-10 Protection: State departments and autonomous agencies shall not (a) inquire about a job applicants current or previous salaries unless and until the department or agency first makes a condition offer of employment, including an explanation of proposed compensation; (b) make inquiry of a current or prior employer or search public records databases to ascertain an applicants current or previous salary. This law dispels salary confidentiality rules at most companies and for most employees, and says that discussion of pay is allowed. Remedies: Any employer who violates these provisions is liable to the employee for the amount of the difference between the amount the employee was paid and the amount he or she should have been paid, but a claimant may not recover more than 1 year of unpaid wages; the court may also award to the prevailing party the costs of the action and a reasonable attorneys fee. Cal. Minn. Stat. But in the US, many workers still can't talk about pay. However, this statute does not apply to employers subject to the Fair Labor Standards Act. Code 22-2-2-4(d). W. Va. Code 21-5B-5. Code Ann., State Govt 20-601(d)(1)-(3). Haw. 28-23-2(D)-(E). 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. 181.67(1). 344.230(2)-(3)(a), (e)-(f), (h). Gen. Laws ch. 378-5(c). 2000e-5(e)(1), (f)(1), (g)(1). Ga. Code Ann. 48-1223(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. N.Y. Coverage: Applies to all employees except individuals in the domestic service of any person. 60-1.4(a)(3). Workers in those institutions are subject to the policies of their respective employers and may be unable to discuss pay levels. Md. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Ann. Del. 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. Transparency around salaries can arm marginalised workers and close the wage gap. Fla. Stat. Codified Laws 20-13-1(7), (11). & Empl. Code Ann. If an employer violates subsection (b-5) or (b-10), the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. Remedies: If the commission determines that the employer has engaged in an unlawful employment practice, the commission shall issue an order requiring the employer to cease and desist from the practice and take affirmative action including the hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; posting notices; and payment to the complainant of damages for injury including humiliation and embarrassment. Code 14-02.4-02(7)-(8), (13). Many employers actively discourage employees from discussing pay and benefits with other employees. 659A.001(3)-(4)(a). Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Cal. Code Ann. Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. Code Ann., Lab. Ind. Or. Mo. Mass. Rev. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. TheGovDocs Poster Storesimplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs. Discussing wages and working conditions is an employee's right under the National Labor Relations Act. Stat. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. Remedies: If the commission finds a person has engaged in an unlawful discriminatory practice shall serve an order to cease and desist from the practice and require the person to take further affirmative action including: to restore complainants losses incurred; to require the posting of notice setting forth the public policy of Indiana concerning civil rights; to require proof of compliance to be filed at periodic intervals. Cent. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 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. 24-34-405(2)(a)(I)-(III). Stat. 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. Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. This means increasing pay transparency, disrupting occupational segregation, eliminating discrimination, increasing access to paid leave, child and elder care, and adding good jobs and women in those jobs to build the economy we all need to thrive. 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. 122), Colorado employers are prohibited from retaliating against employees for sharing wage information and from requiring employees to sign document purporting to deny the right to discuss pay information. Its long been considered taboo to discuss how much youre making with your co-workers. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Minn. Stat. If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Coverage: Applies to any department or agency of the states which employs 15 or more employees within the state. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Gen. Laws ch 151B, 5. Code Ann. 40.1-28.6. Wyo. South Dakota Human Relations Act of 1972 Protection: It is an unfair or discriminatory practice for any person, because of sex, to accord adverse or unequal treatment to any person or employee with respect to compensation. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. The Act also applies to any organizational unit of the state. 3-301(b)(1)-(2). Code 49.60.180(3). Del. Code Ann. Kentucky Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which he or she pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort, and responsibility. Code Ann., State Govt 20-604. Ark. Ark. Okla. Stat. 67-5908(3)(a)-(e). Tennessee Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort, and responsibility, and that are performed under similar working conditions. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Stat. 44-1210(a). .cd-main-content p, blockquote {margin-bottom:1em;} Cal. N.J. Stat. The Deputy Assistant Secretary for Federal Contract Compliance and the heads of federal agencies may exempt contractors and subcontractors from complying with this provision if they deem that special circumstances so require. Stat. Cal. 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. Okla. Stat. N.M. Stat. tit. 12571. Ann. 19 711(i)(1)-(3). N.M. Stat. Ohio Rev. N.J. 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 . Del. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. Stat. 760.10(7), (9). Stat. Cal. It can be difficult to challenge a culture or rule at work. Laws 750.556. 16-123-107(c)(2)(A). Ind. Skip to main content February 23, 2023 W. Va. Code 21-5B-1(1). Stat. Coverage: Applies to all employee except those employed in agriculture or domestic service; those who reside in the personal residence of the employer; those employed by their parents, spouse, or child; or any individual elected to public office in the state. Conn. Gen. Stat. 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. 48-1103(1)-(2). Wash. Rev. Or. 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. 608.17(1). Stat. 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. 820 Ill. Comp. [CDATA[/* >