Lab. 151B, 1(5)-(6). Code Ann., Lab. Coverage: The law does not apply to family members. Ann. 19 710(6)(a)-(d). 34:11-56.6. 21, 495(a)(7). .usa-footer .container {max-width:1440px!important;} Stat. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Utah Code Ann. Minn. Stat. Stat. Cent. tit. 19 1112(a). 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. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. Wash. Rev. Here are some examples from the past three decades of NLRB decisions. 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. Code 21.002(7), (8)(C). The Act defines sex to include pregnancy and medical conditions which result from pregnancy. 23:664(A). Stat. Rev. 181.66(3). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discharge, demote suspend, discriminate, or retaliate against an employee because the employee has inquired about, discussed or disclosed in any manner the wages of the employee or of another employee. An employer cannot prohibit salary discussion among employees according to the National Labor Relations Act (NLRA). Ann. Ann. 5/8A-104(A)-(C), (G), (J). Rev. 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. 24-34-401(2). Coverage: Applies to all employers, as well as their agents, with 8 or more employees, except for religious or sectarian organizations not organized for profit, and all employees except for individuals employed by their parents, spouse, or child, or in the domestic service of any person. Fla. Stat. 613.330(1)(c). 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 inquires about, discloses, compares, or otherwise discusses the employees wages or the wages of another employee or is believed by the employer to have done so. Stat. For a second 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 two times the amount of unpaid wage as liquidated damages. The law does not provide for specific remedies or penalties for unlawful employment practices. Georgia Pay Equity Act Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work in jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. Ark. 11-4-607(1)(B). Del. 21-5E-4(a). 93(2). tit. Laws 750.556. Rev. 46a-86(a)-(b). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. 46a-51(10). Fla. Stat. Skip to main content February 23, 2023 43 Pa. Cons. Stat. Utah Code Ann. An oppressive and unreasonable wage means a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health. Haw. Wis. Stat. 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 . Code Ann. Stat. & Empl. Idaho Code Ann. 34-5-2(4). 387-12(a)(2), (a)(4). Coverage: Applies to the state and any employer employing 4 or more individuals, but does not apply to religious organizations; individuals employed by a parent, spouse, or child; or individuals in the domestic service of any person. Rev. Ala. Code 25-1-30(d). When using electronic communications, like social media, keep in mind that your employer may have policies against using their equipment. 820 Ill. Comp. Stat. Unit Sch. 60-1.26(a)(2), (b)(1); 60-1.27. Lab. Idaho Code Ann. 4-21-102(5), 4-21-405. 4112.01(A)(2)-(3). Coverage: Applies to all employers and their agents, including the state. Mich. Comp. 652.230(1)-(2). 820 Ill. Comp. Okla. Stat. Rev. Rev. 10:5-12(a). Gen. Laws ch. Stat. 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. 32-1452(1)-(2). National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. The Act also applies to any organizational unit of the state. Cent. 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. Ann. Stat. 28 R.I. Gen. Laws 28-5-6(2), 28-5-7(1)(ii). This result shows why employers have an incentive to keep pay under wraps if theyre going to try to pay some less than the median. Neb. 93(5)(a). The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. The law also applies to a person who, as a contractor or subcontractor, is furnishing material or performing work for the state as well as to any agent of an employer. Remedies: Any employer who violates these provisions is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. Coverage: Applies to employees who work for an employer engaged in an industry affecting commerce and having at least 15 employees, including state and local governments but does not include the United States, a corporation wholly owned by the United States, an Indian tribe, any department of the District of Columbia subject to procedures of competitive service, or a bona fide private membership club exempt from taxation. Ohio General Anti-Discrimination Law Protection: It is an unlawful discriminatory practice for any employer, because of sex, including pregnancy, to discriminate against that person with respect to any matter directly or indirectly related to employment. Mont. Utah Code Ann. 3d 898 (W.D. Wages of Women and Minors Act Protection: It is against public policy for any employer to employ any woman or minor in an occupation at an oppressive and unreasonable wage. 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 employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Remedies: Any employer who violates this chapter shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each such violation. 44-1704(2). 11-4-608. Stat. N.J. Stat. 21, 495d(1). Whether you manage apostings,minimum wageorpaid leaveprogram, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. 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. Minn. Stat. See 29 U.S.C. tit. Ann. Md. 16-123-107(a)(1). 112/30(a-5). Stat. 23:663(3). Rev. Fla. Stat. Additionally, the law does not apply to employment outside the state or any religious corporation, association, or society. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 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. Mass. Rev. Okla. Stat. Code 243(a)-(b). Me. Stat. Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. 48-1103(1)-(2). Lab. Ann. Rev. 820 Ill. Comp. Coverage: Applies to all employees, but does not include domestic servants or individuals employed by their parent, grandparent, spouse, child, or grandchild. 613.320(1)(a)-(b). Md. 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. 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. New York Equal Pay Law Protection: No employer shall prohibit an employee from inquiring about, discussing, or disclosing the wages of such employee or another employee; however, an employer may reasonable workplace and workday limitations on the time, place and manner for inquires about, discussion of, or the disclosure of wages. 34-5-2(3). The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. 19 709B(h)(1). 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. 2000e-5(e)(1), (f)(1), (g)(1). 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. 44-1005(k). Code Ann., Lab. 28-1-2(B), (E). 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. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. Code 200. Utah Code Ann. Rev. What are my rights? New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. 613.310-613.435. 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