28 R.I. Gen. Laws 28-5-24(b). 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. D.C. Remedies: An employer that violates the Act may be required to cease and desist from its unlawful practices; reinstate the victim, with or without back pay; pay civil penalties ranging from $20,000 to $100,000 if the employer has fewer than 14 employees; and pay compensatory and punitive damages if the violation is intentional and the employer has more than 14 employees. This blog was originally published in April 2014. New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for an employer, because of sex, pregnancy, or gender identity or expression to discriminate against an individual in compensation. 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. You've probably wondered at some point if you're getting paid what you deserve. Me. 8-5-101(5). 43 Pa. Cons. 337.423(1). For a third 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 three times the amount of unpaid wages as liquidated damages. And many states have passed pay transparency laws for employees. .manual-search ul.usa-list li {max-width:100%;} The City of Philadelphia announced Aug. 6 that . Haw. See Holt v. Deer-Mt. Mich. Comp. 46a-86(c). 181.68(1). 3-301(b)(1)-(2). 5/2-101(B)(1)(a), (c)-(e). The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. Wash. Rev. Codified Laws 20-13-1(7), (11). 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. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Ark. 32-1452(1)-(2). Ind. 23:332(A)(3). 387-1. Illinois Equal Pay Act of 2003 Protections: No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Ann. Suite 400 26, 623. Remedies: Any employer who violates the provisions of this law is liable to an employee affected in the amount of the employees unpaid wages; the court may also allow a reasonable attorney fee to be paid by the employer and costs. Stat. Rev. Cal. Stat. Iowa Code 216.6A(2)(a). 23:302(2)(a)-(b). Ky. Rev. Rev. Gen. Laws ch. Code Ann. Ann. Ind. Tenn. Code Ann. W. Va. Code, 21-5E-1(1)-(2). 49.58.010(5). 181.172(e). An employer shall not discharge or in any other manner discriminate against any employee because the employee has disclosed his or her wages or has inquired about or discussed the wages of other employees. 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. Remedies: The commission may order appropriate affirmative action including hiring, reinstatement, or upgrading with or without back pay. 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. 149 105A(c)(1). Fla. Stat. 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. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Code Ann. Code 1197.5(k)(1). Per the NLRB, pay secrecy policies may violate the law. 378-1. 44-1211(a). N.Y. Stat. Lab. 19 710(6)(a)-(d). Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Code 244(a). Copyright 2023 GovDocs, Inc. GovDocs is a registered trademark of GovDocs, Inc. July 1, 2021, Minimum Wage Rates: California Cities, GovDocs Earns Best Places to Work Award, Maryland passed a host of new employment laws, Texas Instruments v. International Union of Electrical, Radio and Machine Workers, AFL-CIO. 111.321, 111.32(1), 111.36. 4112.01(A)(2)-(3). West Virginia Equal Pay for Equal Work for State Employees Law Protection: No employer shall in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills or pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills. An employer who violations section 4, having a prior unrelated judgment for a violation of section 4, commits a Class B misdemeanor. Codified Laws 60-12-18. 31-40z(b)(1)-(4), (6)-(7). Ann. 50-2-204(b). N.M. Stat. Remedies: An employer that is found to have engaged in an unlawful discriminatory practice may be ordered to cease and desist from such practice; pay compensatory damages to the victim of discrimination; and pay administrative fines to the state not to exceed $10,000 for its first violation, $25,000 if it has committed another violation in the previous five years, and $50,000 if it has committed two other violations within the previous seven years. 203(s)(1). Lab. Code 21.002(7), (8)(C). 34A-5-107(10). 31-40z(a)(1). Cent. Code Ann. 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. The site is secure. 110/1. Ann. In other words, if you lost wages as a result of getting injured, a single attorney. 28-23-3(A). 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. Additionally, any monetary award ordered shall be for actual damages only. Kan. Stat. Rev. Ann. Ga. 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. Rev. Code Ann 11-4-611(a), (b)(1)(3). 112/30(c)(1)-(2). The court may also allow the prevailing party a reasonable attorneys fee. The simple answer is "No". 363A.29(3). Coverage: Applies to all employees, but does not apply to any individual employed by that individual's parents, spouse, or child. Stat. In fact, having a policy against it could get you into serious trouble. Stat. Ann. 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. N.J. Stat. Coverage: Applies to any employer and any agent of the employer, including the state, employing 4 or more persons within the state, but does not apply to any individual employed in the domestic service of any person. Wyoming Equal Pay Law Protection: No employer shall discriminate between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. 363A.03(15); Minn. Stat. Law 190(3). 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. Stat. W. Va. Code Ann. Code 1197.5(k)(2). 34A-5-102(i)(i)(A), (D), (ii)(A)-(C). Stat. Code Ann., Lab. 19 711(a)(1). 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. Ann. Gen. Laws ch. 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. 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. 67-5909(1). Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Yes. 125/15(2). Although the Act protects union and non-union workers alike, there are limitations. Or. Code Ann. Stat. 49-2-303(1)(a). That's because there is no way for employees to gauge. Ann. Dist. Stat. Del. Rev. Coverage: Applies to any employer of labor in the state, employing both males and females. 378-5(a). Code Ann. Conn. Gen. Stat. Employers legally may not discipline or terminate employees for discussing their pay at work. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. 4-21-306(a)(1), (7). Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. Idaho Code Ann. 21.258(a)(1)-(2), (b)(1), (5)-(6). Me. Laws 408.483a(1)(a)-(c). 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. Wash. Rev. 344.030(2)(a)-(b). Executive Directive No. Executive Order No. Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. 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. N.Y. 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. Md. 4-21-305(b). 24-34-405(3)(a). 149, 105A. tit. Stat. Stat. Rev. Stat. Remedies: If an employer knew his or her action violates this provision, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages. 5, 4553(3). Code 22-2-2-11(a)(3)(c). 24-34-405(2)(a)(I)-(III). New Hampshire General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for an employer, because of the sex (including pregnancy) of any individual, to discriminate against such individual in compensation, unless based upon a bona fide occupational qualification. 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. 28 R.I. Gen. Laws 28-6-20. Stat. Rev. Okla. Stat. 34A-5-107(9)(a), (b)(i)-(iv). Stat. Remedies: OFCCP may seek back pay and other make whole relief for victims of discrimination and may also refer matters to the Solicitor of Labor, who may initiate administrative enforcement proceeding to enjoin violations, seek appropriate relief, and impose appropriate sanctions, including debarment. 24-34-306(9). Coverage: Applies to all employers and their agents and to all employees, including unpaid interns, but does not apply to employers who employ a parent, spouse, children, or to domestic servants engaged in work in and about the employers household. Coverage: The law does not apply to a club exclusively social, or a fraternal association or corporation, not organized for profit, nor does it apply to any employer with fewer than 6 employees or to any individual employed by his parents, spouse, or child; however, the law shall apply to an employer of domestic workers and the commonwealth. tit. 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. Law 198(1-a). Gen. Laws ch. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. 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. Keep Informed Ind. 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. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. If an employer is found to have violated the Equal Pay for Equal Work law two or more times within a 3-year period, the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the amount of damages owed by the employer. 60-1.4(a)(3). Ala. Code 25-1-30(d). 12571. tit. La. Any employer who violates subsection (b) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for reach employee affected. View the full text of protections shown in the map. If employer policies requiring pay secrecy are unlawful, why are they still so common? The National Labor Relations Board (NLRB) makes the law clear: You are allowed to discuss your pay, without fear of retaliation or retribution by your employer for doing so. 49-2-506(1)(a)-(c). Minn. Stat. 24-34-306(9). 23:302(2)(a)-(b). In fact, having a policy against it could get you into serious trouble. Ann. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 50-2-204(a)(1). Additionally, the Act does not protect individuals employed by their parents, spouse, or child, or individuals employed to render domestic services in the home of the employer. Coverage: Applies to employers of the state or any political subdivision, commission, department, institution, or school district thereof, and every other person who employs a person in the state. tit. Laws 408.484. Cent. S.D. Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. 820 Ill. Comp. Stat. 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. 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. Ann. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. Fla. Stat. An employee who was been aggrieved by a violation of Section 206 may maintain a civil action in court for unpaid wages and an additional equal amount as liquidated damages; in addition to any judgment awarded to the employee, the court shall allow a reasonable attorneys fee to be paid by the defendant, and costs of the action. Any person who willfully violates any provision of the act shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not less than $50, nor more than $200, or by imprisonment for not less than 10 days nor more than 90 days, or by both fine and imprisonment. 448.07(1)(a)-(b). If youre interested in working for a company that practices salary transparency, here are a few options: Pay secrecy furthers the wage gap and opportunities for discrimination, including sustaining the gender pay gap and keeping wages lower for people of color. Cal. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Any employer who willfully violates any provision of this law shall be punished by a fine of notmore than $500, by imprisonment for not more than 6 months, or both. 43 Pa. Cons. Colo. Rev. 93 Protection: State agencies are prohibited from requesting salary history from applicants. Lab. 213.111.1-2. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 4111.14(B). 43 Pa. Cons. tit. Law 296(1)(a). 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. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Remedies: Any employer who violates this statute is guilty of a Class D felony and shall be fined not less than $2,000 nor more than $5,000 for each offense if the total amount of all unpaid wages owed to an employee is more than $2,000. 613.310-613.435. 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. Ann. .manual-search ul.usa-list li {max-width:100%;} Coverage: Applies to contractors and subcontractors who hold a federal contract worth more than $10,000, hold Government bills of lading, serve as a depository of Federal funds, or serve as issuing and paying agencies for U.S. savings bonds; however, the regulation does not apply to contractors and subcontractors that are religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals performing work connected with the carrying on by such corporation, association, educational institution, or society of its activities. A study by four economists supports that prediction. tit. N.J. Stat. Code Ann., Lab. Laws 750.556. 659A.885(1). Dist., 135 F. Supp. Stat. 43 Pa. Cons. 28 R.I. Gen. Laws 28-5-24(a)(1), (3). Stat. Ann. Washington Equal Pay Law Protection: Any employer in the state who discriminates in any way in providing compensation based on gender between similarly employed employees is guilty of a misdemeanor. W. Va. Code 21-5B-1(1). Mass. Stat. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Ark. Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. 151B, 5. tit. 24-34-401(3). 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. Conn. Gen. Stat. tit. Stat. 26, 626-A. Stat. 213.075.11(1). 24-34-401(2). Wash. Rev. La. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. tit. Okla. Stat. N.C. Gen. Stat. tit. Md. Me. Stat. Stat. Maine Equal Pay Law Protection: An employer may not discriminate between employees on the basis of sex by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. In fact, having a prior unrelated judgment for a violation of section 4, having policy! 9 ) ( 1 ) ( I ) - ( b ) the court may allow. Policy against it could get you into serious trouble ; s because there is No way for to... They still so common and transmitted securely leaves them without increases in pay that would otherwise be equitable and.!, if you 're getting paid what you deserve Applies to all employers and their agents but. 19 710 ( 6 ) ( c ) - ( 7 ) private corporation,,... There is No way for can employees discuss wages in georgia, not knowing leaves them without increases in pay that would otherwise equitable... 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