Code Ann. Ann. Rev. 3-307(e). Ga. Code Ann. 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. Ark. Ind. 112/10(b-10)(1)-(2). Share your salary and compare it with millions of professionals. Colo. Rev. Rev. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. 820 Ill. Comp. Laws 408.484. Stat. Conn. Gen. Stat. To study the relationship between pay transparency, turnover, and workplace satisfaction, they selected a group of employees in the University of California system and showed them a website that lists the salaries of all UC employees. 613.310(2)(a)-(c). Code Ann., Lab. Code 22-9-1-3(h)(1)-(3). Mass. Coverage: Applies to any employer engaged in an industry who has 2 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, and also applies to the state regardless of the number of employees; however, it does not apply to the United States, a corporation wholly owned by the government of the United States, or an Indian tribe. Wyo. 659A.001(3)-(4)(a). N.D. 40.1-28.6. Mont. Georgia requires employers, except those in the farming, sawmill, and turpentine industries, to pay all employees all wages due on paydays selected by the employer, with paydays being divided between at least two (2) equal pay periods per month. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Code Ann. Tenn. Code Ann. Code 244(a). Minn. Stat. Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. Iowa Code 70A.18. Rev. Rhode Island Equal Pay 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 equal work or work on the same operations. Code Ann., State Govt 20-601(c)(1)-(2). View the full text of protections shown in the map. Mo. Code Ann. 820 Ill. Comp. The new requirements become effective on July 1, 2007. 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. Coverage: No specific coverage provision. 21.258(a)(1)-(2), (b)(1), (5)-(6). 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. N.M. Stat. Stat. Gen. Laws ch. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. Tenn. Code Ann. 34-5-3(a). Colo. Rev. 46a-60(a)(1). Code Ann. California Fair Employment and Housing Act Protection: It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon security regulations established by the United States or California, for an employer to discriminate against a person in compensation because of the persons sex. Gen. Laws ch. Remedies: If an employer violates this law, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation; there is no private right of action. 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. Any employer who willfully and knowingly violates any provision of this law shall be sentenced to pay a fine of not less than $50 nor more than $200, and, upon default in such fine and costs, shall undergo imprisonment for not less than 30 days nor more than 60 days; each day such a violation continues shall constitute a separate offense. 21.2585(a)(1)-(2), (b)-(c). N.H. Rev. Its also good for the company: understanding whether or not workers are getting paid what they feel they are worth is one of the key drivers of job satisfaction and retention. 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. Code Ann. Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. Remedies: If an employee is paid less than the wage to which he or she is entitled, the employee may recover in a civil action the entire amount of any underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorneys fees as may be allowed by the court and as necessary to make the employee whole. 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. Code Ann. Stat. 49-2-506(1)(a)-(c). Code 49.58.020(1). This Employment Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. 1-888-273-3274. p.usa-alert__text {margin-bottom:0!important;} Ind. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. Minn. Stat. 608.17(1). A study by four economists supports that prediction. 60-1.3, 60-1.5(a)(1), (5). Ann. 760.10(7), (9). 25, 1301(1)(a)-(b). 48-1220(2). California Equal Pay Act Protection: An employer shall not prohibit an employee from disclosing the employees own wages, discussing the wages of others, or inquiring about another employees wages. 363A.08(2)(3). 8, 2011 WL 2533793, at *7 (C.D. 23:666(A). N.H. Rev. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Rev. Mich. Comp. Coverage: Applies to any person acting in the interest of any employer, directly or indirectly, and includes the state, but not its political subdivisions; does not apply to any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act. 363A.29(3). Rev. 4111.17(A). 216(b). 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. 43 Pa. Cons. 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. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. Code 14-02.4-02(7)-(8), (13). Okla. Stat. Cent. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. Stat. Ann. Ark. tit. Tenn. Code Ann. 3-304.1(a)(1). Rev. .usa-footer .grid-container {padding-left: 30px!important;} S.D. Coverage: Applies to all employers and their agents and to all employees, but does not apply to persons under the age of 18 engaged in domestic service or persons engaged in agricultural service, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association. The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. Neb. 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. Rev. 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. The law allows employees to discuss their wages with other employees. 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. Stat. Code 22-2-2-11(a)(3)(c). Stat. 46a-51(9). The Act defines sex to include pregnancy and medical conditions which result from pregnancy. The Act does not protect any individual employed by such individuals parents, spouse, or child or in the domestic service of any person. Ann. 28 R.I. Gen. Laws 28-6-18(a). Turns out, the freedom to discuss your salary at work is a protected right under federal labor law. Remedies: Employees whose wages have been wrongfully withheld in violation of this section shall have a right of action therefore to recover damages to the extent of two times the amount of wages so withheld. 11-4-607(2). Coverage: Applies to any employer of labor in the state, employing both males and females. Code Ann. Del. The pressure to conform can be intense, and you dont want to do anything that will get you into trouble. Code Ann. 67-5908(3)(a)-(e). Stat. Ann. Remedies: Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Del. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Code Ann. The City of Philadelphia announced Aug. 6 that . Code 34-06.1-02(2)-(3). Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). & Empl. Stat. Remedies: An aggrieved employee may recover in a civil action reinstatement and reimbursement for lost wages and work benefits, including interest thereon, as well as appropriate equitable relief. Vt. Stat. An employer may not seek the wage or salary history of an applicant for employment from the applicant or a former employer; or require that an applicants prior wage or salary history meet certain criteria. Ark. Cal. 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 . GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Kan. Stat. Score: 4.5/5 (7 votes) . Code 200. Remedies: An individual may bring a civil action without exhausting administrative remedies. 19 1112(a). Coverage: Applies to any person employing 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, including any agent of that person. N.J. Stat. 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. Law 194(1). The National Labor Relations Board has made it clear that this includes the right to discuss wages. 31-75(a). Wis. Stat. Wash. Rev. The NLRB calls these discussions "protected concerted activity" and defines them as when employees "take action for their mutual aid or protection regarding terms and conditions of employment." 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. Idaho Code Ann. Maryland Equal Pay for Equal Work Law Protection: An employer may not discriminate between employees in any occupation by paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. Ann. 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. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. Remedies: If an employer has engaged in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. General Provisions of Delawares Labor Code Protection: It shall be an unlawful employment practice for an employer or an employers agent to: (1) screen applicants based on their compensation histories, including by requiring that an applicants prior compensation satisfy minimum or maximum criteria; (2) seek the compensation history of an applicant from the applicant or a current or former employer. Rev. Cal. 19 711(a)(1). Although the law covers persons who perform services both entirely within the state and partially within the state, an individual who renders services only partly in this state is not a covered employee unless the contract of employment has been entered into, or payments thereunder are ordinarily made, within the state. Code 1197.5(a). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. #Katherine Brennan, SHRM-SCP By Katherine Brennan, SHRM-SCP February 27, 2018 Rev. with GovDocs Employment Law News. Rev. Ky. Rev. Ark. An agency within the U.S. Department of Labor, 200 Constitution AveNW Coverage: Applies to all employees as well as any employer, or agent of the employer, employing 4 or more employees and any person acting for an employer. Or. Mass. 2000e-5(e)(1), (f)(1), (g)(1). Kan. Stat. Kan. Stat. Employees who are involved in interstate commerce include those who: produce goods, make telephone calls to persons located in other states, handle records of interstate transactions, travel to other states on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State. 44-1002(b). Rev. Ala. Code 25-1-30(d). 2000e(b). See Utah Code Ann. What are my rights? Stat. Del. Tenn. Code Ann. 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