44-1211(a). Idaho Code Ann. 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. What are my rights? Code Ann. 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. Coverage: Applies to public and private employers. 28-1-7(A). Remedies: An individual may bring a civil action without exhausting administrative remedies. 24-34-306(9). Rev. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. N.M. Stat. Ark. 11-4-610. 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. 448.07(3). W. Va. Code 21-5E-3(a)(1)-(2). Wash. Rev. Coverage: Applies to all employers who employ 2 or more employees, and also applies to the state. 820 Ill. Comp. 955(a). 48-1103(1)-(2). Lab. Coverage: Applies to any employer, including the state, that employs 20 or more employees within the state but does not apply to employment by a parent, spouse, or child; employment in the domestic service of the employer; or employment by a private educational or religious institution or any nonprofit corporation. Wash. Rev. tit. 112/5. 1-13-80(A)(1). Code 22-9-1-3(i)(1)-(2). Okla. Stat. Stat. tit. Stat. Vt. Stat. 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. 60-1.4(a)(3). Cal. Ky. Rev. Remedies: If the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy which may include an order to cease and desist from the unlawful practice; an order to employ, reinstate, promote, or grant other employment benefits; an order for actual damages including lost wages and benefits; or an order for punitive damages, not to exceed $1,000 for each willful violation. Yes. 10:5-5(e)-(f). 19 715(1)(a)-(d). 40.1-28.6. Or. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Code Ann., Lab. 387-1. tit. Stat. Remedies: No specific provision of remedies for violation. Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Remedies: Any employer who violates this provision is guilty of a petty offense and shall be fined no less than $25 nor more than $100. Law 297(4)(c)(i)-(ii), (vi). Ind. Code Ann. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Utah Code Ann. 34:11-56.6. 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. Stat. Law 190(3). Wis. Stat. N.J. Stat. Remedies: If the administrative law judge finds that the employer has engaged in an unfair discriminatory practice, the judge shall issue an order directing the employer to cease and desist from the practice and to take affirmative action. Coverage: Applies to all employees and employers, including the state. Coverage: Applies to all employees. 93(2). 3-304(b)(1)(i). N.D. 3d 898 (W.D. 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. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Maryland Equal Pay for Equal Work Law Protection: An employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee; or requesting that the employer provide a reason for why the employee's wages are a condition of employment. Ann. tit. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. 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. Additionally, if an individual is injured by intentional discrimination, he is entitled to recover compensatory damages and punitive damages; these damages are capped between $15,000 and $300,000, depending on the number of employees the employer has. Or. Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Its long been considered taboo to discuss how much youre making with your co-workers. S.D. Stat. Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. 363A.20(1). The law errs on the side of protecting employees right to concerted activity. Lab. Code 14-02.4-03(1). Rev. Illinois Equal Wage Act Protection: An employer engaged in the manufacture of any article shall not pay any person engaged in such manufacture an unequal wage for equal work, by time or piece work, than is being paid to any other person employed in such manufacture. Iowa Code 70A.18. Colo. Rev. Minn. Stat. If employer policies requiring pay secrecy are unlawful, why are they still so common? Gen. Laws ch. 181.67(1). Okla. Stat. OFCCP Rule Implementing Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information Protection: Federal contractors and subcontractors agree to refrain from discharging or otherwise discriminating against employees or applicants who inquire about, discuss, or disclose their compensation or the compensation of other employees or applicants. 112/10(b-5). 659A.001(3)-(4)(a). 387-12(a)(2), (a)(4). Rev. D.C. 16-123-107(c)(2)(A). 659 A.029, 659A.030(1)(b). 39-3-104(1). N.Y. 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. tit. Stat. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Stat. 5/8A-104(A)-(C), (G), (J). Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. Remedies: If an employer knew that his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex or gender identity and the wages paid to employees of another sex or gender identity, as well as an additional equal amount as liquidated damages. Coverage: Applies to any employer, including the state. Laws 37.2201(a). Stat. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. 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. 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. 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. Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. 49.58.010(4)-(5). 2019-10(1)(a)-(b). About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Md. 19 715(1)(a)-(d). Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Colo. Rev. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. In other words, if you lost wages as a result of getting injured, a single attorney. Ind. Haw. Code Ann. 110/1. But the truth is, you are allowed to talk about your salary with co-workers, by law. Rev. Hawaii Equal Pay Law Protection: No employer shall discriminate between employees because of sex by paying wages to employees at 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 that are performed under similar working conditions. Wyo. Stat. Colo. Rev. Wash. Rev. 31-75(a). Employers who maintain such policies either in writing or verbally . Coverage: Applies to all employers but excludes from coverage employees engaged in domestic service in the home of the employer and employees of any nonprofit social club, fraternal, charitable, educational, religious, scientific, or literary association. La. Coverage: Applies to any employer who employs 9 or more employees. 49.58.040(2)(a). Stat. 820 Ill. Comp. 495b(b). Stat. 3-307(e). Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. 151B, 1(5)-(6). Ann. 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. Code Ann. Share your salary and compare it with millions of professionals. Stat. & Empl. Rev. Code Ann. Ann. Stat. 40.1-28.6. tit. Idaho Code Ann. 2019-10(1). This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. Colo. Rev. Conclusion. 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. 613.405, 613.420. Stat. Me. Codified Laws 60-12-18. Code Ann. 3-301(b)(1)-(2). Rev. Code Ann. Read more Stat. 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. Stat. Stat. 26, 626-A. 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. 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