27-4-303(a). Rev. tit. A study by four economists supports that prediction. 23:303(A). Stat. Stat. 93(3)(a). S.D. 50-2-204(a)(1). Stat. Ky. Rev. Colo. Rev. 10:5-12(r). Laws 37.2202(3). 12571. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. 49-2-303(1)(a). Gen. Laws ch. Lab. Ky. Rev. tit. Codified Laws 20-13-42. 112/5. 19 1112(a). 213.111.1-2. 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. Rev. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} An official website of the United States government. 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. 275:38-a(I)(b). Louisiana Employment Discrimination Law (pregnancy discrimination provisions) Protection: It shall be an unlawful employment practice for any employer, because of the pregnancy, childbirth, or related medical condition of any female employee to discriminate against her in compensation. Stat. 11-4-601(b). Ala. Code 25-1-30(c). N.D. 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. Mo. 24-34-405(2)(a)(I)-(III). 363A.03(16). Vt. Stat. 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. N.J. Stat. Mass. Remedies: Any employer who discriminates in payment of wages between the sexes is guilty of a misdemeanor. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. La. Code Ann. La. Remedies: The Executive Order does not create a private right of action. Govt Code Ann. 820 Ill. Comp. 48-1104(1). 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. 19 715(1)(a)-(d). Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). tit. Stat. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. GovDocs, Inc. N.J. Stat. 23:666(A). Rev. 24-34-402(1)(a). 26, 628. 659A.885(1). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Code 49.58.020(1). Rev. Code Ann. Rev. Code 22-2-2-11(a)(3)(c). 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. 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. Lab. Ark. Tenn. Code Ann. Tenn. Code Ann. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Stat. Law 190(3). 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. Code Ann. Tenn. Code Ann. Del. Rev. Wash. Rev. 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. Md. 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. Code 1197.5(k)(2). 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. Ann. Ark. Gen. Laws ch. 28-23-4(A)(1). 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. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Nev. Rev. tit. Cent. Stat. Lab. Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. D.C. 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. Code 1197.5(b)(4). Rev. 42 U.S.C. Mont. Va. Code Ann. Remedies: Upon a finding by the Department that an employer has engaged in any discriminatory or unfair employment practice, the Department of Workforce Services may require the employer to cease and desist from the discriminatory or unfair practice; take remedial action which may include upgrading of employees; post notices; report as to the manner of compliance; pay back pay or front pay; and provide any other relief necessary and appropriate to make the complainant whole. 16-123-102(4)(A)-(C). Okla. Stat. Me. Stat. Code Ann. Ark. Rev. 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. 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. Conn. Gen. Stat. Stat. 44-1205. Code Ann. 4-21-305(b). Vt. Stat. Its long been considered taboo to discuss how much youre making with your co-workers. 387-12(d)(1). Coverage: Applies to all employees except individuals employed by their parents, spouse, or child. 149, 105B. La. 28-23-6(A)(1)-(3). Cent. Mich. Comp. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. 27-9-102(b). Ind. 659A.355(1)(a). p.usa-alert__text {margin-bottom:0!important;} In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. Md. It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. In addition to the remedies that the Commission may order, a court may award punitive damages where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others. Ann. Code 1171. Code 22-9-1-3(l)(1), (q)(2). 652.210(1). 42 U.S.C. Stat. N.Y. 275:39. Coverage: Applies to employers that regularly employer 15 or more employees. Laws 408.481(1). Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. Conn. Gen. Stat. 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. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. 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. Lab. Md. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. 8, 2011 WL 2533793, at *7 (C.D. Haw. Colorado Antidiscrimination Statute Protection: Unless otherwise permitted by federal law, it is an unfair employment practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employees wages; additionally, it is an unfair practice for an employer to require an employee to sign a waiver or other document that purports to deny an employee the right to disclose his or her wage information. Code Ann. Stat. Stat. 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. 344.030(5). 2019-10(7). Code Ann., State Govt 20-601(d)(1)-(3). Remedies: If the court finds that the employer has intentionally engaged in an unlawful employment practice, the court may enjoin the employer from engaging in such unlawful employment practice and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employee(s), with or without back pay payable by the employer. Coverage: Applies to any employer, including the state. Ann. 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. Code Ann. Cal. Mont. tit. Code 243(a)-(b). Lab. Stat. Remedies: Persons injured by unlawful employment practices may file complaints with the Nevada Equal Rights Commission; if the Commission does not conclude an unfair employment practice has occurred, an employee may apply to the district court for an order grating or restoring the rights to which that employee is entitled. 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. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. N.H. Rev. Rev. Stat. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. 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. 112/5. tit. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 10:5-14.1a(a)-(c). Conn. Gen. Stat. Remedies: Any person who violates any provision shall, in addition to any other relief or affirmative action provided by law, be liable for: an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation within the 5 year period ending on the date of the filing of the charge; an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation within the 5 year period ending on the date of the filing of the charge; or an amount not exceeding $50,000 if the respondent has been adjudged to have committed 2 or more violations within the 7 year period ending on the date of the filing of the charge. Ann. Rev. 613.310-613.435. 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. North Carolina Equal Employment Practices Act Protection: It is the public policy of North Carolina to protect and safeguard the right and opportunity of all persons to hold employment without discrimination on account of biological sex. Have more questions about the NLRA, PERA or your rights about discussing wages? New York Human Rights Law Protection: It is an unlawful discriminatory practice for an employer, because of an individuals sex, to discriminate against such individual in compensation. 181.172(e). 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. Del. tit. Conn. Gen. Stat. 5/2-101(A)(1)(a)-(c). tit. Why? Coverage: Applies to all persons acting in the interest of an employer. Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. 31-40z(a)(1). However, the Act does not apply to any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through in accordance with the tents of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society, or non-profit nursing institution of its activities. Ann. 5:12CV120, 2013 WL 524648, at *2 (N.D. W. Va. Feb. 11, 2013). 44-1701(1)-(2). Code tit. Cal. 149, 105A. 2019-10(1). Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Kan. Stat. #block-googletagmanagerheader .field { padding-bottom:0 !important; } N.H. Rev. Lab. Ann. Wis. Stat. Tex. 48-1102(2). Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. The Act also applies to any organizational unit of the state. Ann. If a court determines the employee is entitled to judgment, the court shall allow against the employer reasonable counsel fees and other costs of the action, as well as prejudgment interest. Ann. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Code Ann., State Govt 20-601(c)(1)-(2). Coverage: Applies to any employer regularly employing 5 or more persons, or any person acting as an agent of an employer, and the state but does not include a religious association or corporation not organized for profit. 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. 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. 244.230(4). Rev. Stat. 23:332(A)(3). 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. Coverage: Applies to all employees except individuals in the domestic service of any person. 820 Ill. Comp. 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. 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