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. .h1 {font-family:'Merriweather';font-weight:700;} 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. Stat. Additionally, the employer may also be liable to the employee for punitive damages. 110/1. 40, 198.1. 24-34-401(2). Stat. Coverage: Applies to an employer who hires 5 or more employees whose services are to be partially or wholly performed in the state, except for domestic servants hired to work in the persons household. Ann. Del. 820 Ill. Comp. 608.180, 608.195(2). Conn. Gen. Stat. See Nev. Rev. 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. Stat. Mont. Coverage: Applies to all employers, including the state, and to all employees. Code 14-02.4-03(1). Coverage: Applies to all employers and their agents but does not apply to the state and or the United States. 4112.99. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. While the Act does not specifically mention compensation, federal courts and Illinois state courts have allowed plaintiffs to bring sex discrimination claims for unequal compensation under the Act. Remedies: Any employer in violation 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 amount of unpaid wages as liquidated damages. See Holt v. Deer-Mt. 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 . See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. 34A-5-106(1)(a)(i)(C), (J). In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." 4112.02(A), 4112.01(B). 31-75(a). Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offers personal staff. 112/10(a). 151B, 1(5)-(6). Law 197. Rev. Remedies: An employer who violates the provisions of this Act shall be liable to the affected employees in the amount of the employee's unpaid wages and reasonable attorney fees and costs. 2. An official website of the United States government. 1305 Corporate Center Drive 28 R.I. Gen. Laws 28-6-17(b)-(c). Cent. 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 . Wisconsin Equal Pay Law Protection: It is an act of employment discrimination to discriminate against any individual in compensation on the basis of sex, including pregnancy. Ann. 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. 60-1.5(b)(1), (c). #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} About 50% of American workers report that their employers prohibit or discourage discussions of wages and salaries. Del. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. 275:36. 378-1. 43 Pa. Cons. 25 1350(G)-(H). Stat. Wash. Rev. Transparency around salaries can arm marginalised workers and close the wage gap. Code Ann. Ind. Stat. 387-4. Ann. 27-4-304. 50-2-204(a)(2). Rev. Rev. Stat. An employer who violates a provision of this act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement, and promotion; damages shall be calculated on the basis of the affected employees unpaid wages and the damages from retaliation; all other actual damages; and treble damages. 112/30(a). Me. The law does not provide for specific remedies or penalties for unlawful employment practices. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. Stat. 2019-10(7). Code 49.58.020(1). Lab. Wage non-disclosure agreements for employees are prohibited. Stat. Law 194(4)(a)-(b). This button displays the currently selected search type. Ann. tit. 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. Ann. 125/15(2). Companies covered by the NLRAcannot limit employees concerted activities for the purpose of collective bargaining or other mutual aid or protection, according to Section 7 of the NLRA. Tenn. Code Ann. Rev. 93 Protection: State agencies are prohibited from requesting salary history from applicants. 112/10(b). The court shall also allow a reasonable attorney's fee to be paid by the employer as well as costs of the action. Gen. Laws ch. Cal. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. Vt. Stat. Coverage: Applies to the state as well as employers with 6 or more employees, but does not apply to nonprofit social clubs, fraternal or religious organizations, individuals employed by a parent, spouse, or child, or individual employed in the domestic service of any person. 19 1101(a)(3). Okla. Stat. 49.58.010(4)-(5). 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. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 149 105A(c)(1). 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. 3d 898 (W.D. N.Y. Executive Directive No. Stat. Code Ann. 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. Check out our interactive section on the laws that are protected for Employee Rights. 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. 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. Law 292(5)-(6). Remedies: No remedies specific to violations of this provision. Nev. Rev. Unit Sch. Ark. Code 1197.5(c). Stat. Code 244(a). Code 1171. Ann. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. Massachusetts Equal Pay Law Protection: It shall be an unlawful employment practice for an employer to require, as a condition of employment, that an employee refrain from inquiring about, discussing or disclosing information about either the employees own wages, or about any other employees wages. Mont. Tenn. Code Ann. 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. N.Y. Exec. N.D. Remedies: A plaintiff who has a cause of action for a violation of this law may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, front pay, if appropriate, reasonable attorney fees, and court costs. N.Y. 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. 16-123-102(6). N.D. Companies not covered by the National Labor Relations Act (NLRA) who are federal contractors now must adhere to a similar standard according to the Executive Order: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.. 387-1. Coverage: Applies to all employees, including individuals employed by the state, but does not apply to except for domestic or agricultural employees; this also includes individuals employed by the state. Tex. In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Lab. Coverage: Applies to all employers and their agents, including the state. Ark. It is unlawful for an employer to (1) screen job applicants based on their current or prior wages or salary histories; (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation; or (3) request or require that an applicant disclose wage or salary history as a condition of employment. Ky. Rev. 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. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 151B, 5. 23:666(A). Employee means an individual employed by an employer. Lab. Md. 67-5902(6)(a)-(c). Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America. Code 22-2-2-4(d). Code 1197.5(b)(4). 21.051(1). Wis. Stat. tit. Suite 400 Tex. 151B, 5. D.C. Code. 336.5(a). See 29 U.S.C. tit. Me. The law does not provide for specific remedies or penalties for unlawful employment practices. Mass. 2000e(b). Remedies: No specific remedies provision. 181.67(1). S.D. Code 14-02.4-20. Stat. The National Labor Relations Act has been in place for nearly 90 years. 11-4-607(2). 48-1103(1)-(2). 50-2-202(a). 16-123-102(4)(A)-(C). 19 710(6)(a)-(d). 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. Now is the time to address equity in wages. 16-123-107(c)(2)(A). Minn. Stat. 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. Stat. 354-A:7(I), 345-A:7(VI)(a). For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. Conn. Gen. Stat. Remedies: Any employee whose compensation is at a rate that is in violation of 21-5B-3 shall have a right of action against his employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one-year period preceding the commencement of the action; an additional equal amount as liquidated damages; and reasonable attorney's fees. 149, 105A. Lab. Wash. Rev. D.C. Code 2-1401.02(10). Additionally, it would be illegal for your employer to have a work rule, policy, or hiring agreement that prohibits you from discussing your wages with others, or that requires you to get the employer's permission to have such discussions. However, policies that specifically prohibit the discussion of wages are unlawful. 45-19-29(1). Ann. 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. Kansas Act Against Discrimination Protection: It shall be an unlawful employment practice for an employer, because of the sex of any person, to discriminate against such person in compensation. West Virginia Human Rights Act Protection: It is an unlawful discriminatory practice for any employer to discriminate against an individual because of the individuals sex with respect to compensation if the individual is able and competent to perform the services required. La. Stat. Code Ann., Lab. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. 775 Ill. Comp. Law 198-a(1). Lab. Ann. Idaho Code Ann. 337.420(1)-(2), 337.423(1). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Stat. Keeping pay a secret could allow employers to pay unevenly, saving the company money but keeping people in a culture of secrecy and inequity. Rev. Wyo. Minn. Stat. Coverage: Applies to any employer within the state. Coverage: Applies to all employers but does not apply to governmental agencies. Rev. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. 112/30(c). 820 Ill. Comp. No, employees are legally protected. 34A-5-107(17)(a). Md. Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Kan. Stat. Govt Code 12926(d). Michigan Pay Transparency Law Protection: An employer shall not: require as a condition of employment nondisclosure by an employee of his or her wages; require an employee to sign a waiver or other document which purports to deny an employee the right to disclose his or her wages; or discharge, formally discipline, or otherwise discriminate against for job advancement an employee who discloses his or her wages. 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. Vermont Fair Employment Practices Law Protection: It is an unlawful employment practice for any employer to discriminate between employees on the basis of sex or gender identity by paying wages to 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. Cal. Ann. Ky. Rev. Ann. 67-5908(3)(a)-(e). @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 149, 105A. This law does not apply to an employer with respect to the employment of aliens outside the state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion, sexual orientation, or gender identity to perform work connected with the activities of the religious entity. Lab. 448.07(1)(a)-(b). The clear message for employers: Say no to prohibiting workers from discussing pay and compensation. Stat. tit. 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. 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. 203(s)(1). & Empl. Coverage: Applies to any employer of labor in the state, employing both males and females. 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. 4111.17(A). 111.321, 111.32(1), 111.36. D.C. Ark. Code Ann. Code 1197.5(k)(2). 111.39(c). Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. tit. 820 Ill. Comp. 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. 3-307(e). California Labor Code Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages, or that an employee sign a waiver or other document purporting to deny the employee the right to disclose the amount of his or her wages; additionally, an employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. Lab. Vt. Stat. 1-13-80(A)(1). A civil penalty claim may be filed in any court of competent jurisdiction. Workers are often protected when discussing salaries, even if doing so damages morale. Ga. Code Ann. 34-5-3(a). - fetcheatable. Stat. Colo. Rev. Louisiana Employment Discrimination Law (sex discrimination provisions) Protection: A. 34:11-56.8. Mass. 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. Tex. Ann. 820 Ill. Comp. Rev. Fla. Stat. Kan. Stat. 42 U.S.C. 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. 43 Pa. Cons. 24-34-306(9). 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. 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. Kan. Stat. 25, 1302(B), 1307. Code Ann. 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. 48-1223(1)-(2). The Act also applies to any employer, as well as its agents, in the state employing any number of employees and any person outside the state employing any number of employees whose usual place of employment is in this state; however, the Act does not apply to a religious or fraternal corporation or association, not organized for private profit. Ann. Stat. 244.230(4). Rev. 4111.14(B). Ky. Rev. Lab. 34:11-56.6. Mo. 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. tit. Haw. 39-3-104(2). 26, 628. 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. Colo. Rev. Colo. Rev. 21.2585(a)(1)-(2), (b)-(c). Cal. 659A.355(1)(a). Neb. 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. Stat. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Remedies: No specific provision of remedies for violation. Code Ann. 5/8A-104(A)-(C), (G), (J). 28 R.I. Gen. Laws 28-5-24(b). 3-301(b)(1)-(2). Nev. Rev. 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. Code Ann. N.D. 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. Any employer who pays an employee less than the wages to which such employee is entitled shall be liable to the employee for the full amount of such wages and for costs and reasonable attorney fees as may be allowed by the court. Remedies: A person claiming to be aggrieved by an unlawful discriminatory practice in violation of this act may maintain an action to establish liability and recover damages and injunctive relief. Tex. N.C. Gen. Stat. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Del. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Cent. Colo. Rev. 149, 105A. Code 21.002(8)(A), (D). 34-5-5(a). Remedies: An employee may recover in a civil action the full amount of the salary or wages due from the employer plus an additional equal amount as liquidated damages, together with costs and such reasonable attorneys fees as may be allowed by the court. Stat. North Dakota Equal Pay Law Protection: An employer may not discriminate between employees on the basis of gender by paying wages to any employee at a rate less than the rate at which the employer pays any employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. 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