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. 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 . Utah Code Ann. 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. Ga. Code Ann. 27-4-301(a)-(b), (f). 336.2(a)-(b). The Act also applies to any employer, including the state, employing 4 or more employees within the state but does not include religious corporations, associations, or societies whether supported, in whole or in part, by government appropriations, except where the duties of the employment pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under 26 U.S.C. Rev. 11-4-607(2). Conn. Gen. Stat. Code Ann., Lab. S.D. Stat. The Fair Labor Standards Act covers all employers, including government agencies, with respect to their employees who are engaged in commerce or employed in an enterprise engaged in commerce; 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. 16-123-102(4)(A)-(C). Me. 181.68(1). Stat. Rev. Stat. Ann. Nev. Rev. The law also applies to all employees except, among other persons, persons less than 16 years of age; persons employed by their own parent, spouse, or child; persons performing services for any religious or charitable organization; students performing services for any school, college, or university in which they are enrolled; and persons engaged in agricultural labor; and persons employed in executive, administrative, or professional occupations. Ann. 23:332(A)(3). Stat. 21-5B-4(1)-(2). Cent. Ann. 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. If your employer does any of these things, find out if the NLRA applies to your employer and work so you can assert the rights that are there to help you advocate for your fair pay. 290.440.1-2 Missouri Human Rights Law Protection: It is an unlawful employment practice for an employer to discriminate with respect to any individuals compensation because of such individuals sex. 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. 363A.20(1). Rev. 5/2-101(B)(1)(a), (c)-(e). Additionally, any employer who violates this provision shall be guilty of a violation if an individual or guilty of a misdemeanor if a corporation or other association and subject to a fine of not more than $2,500. 48-1119(4). 3-307(e). & Empl. Ark. Ann. 49-2-506(1)(a)-(c). 387-4. National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. N.D. 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. Nev. Rev. Okla. Stat. Stat. Stat. Rev. N.Y. Exec. Ann. Mass. 48-1102(2). Coverage: Applies to all employees and employers, but does not include the District or the federal government. But know that if you create a similar policy, you can't enforce it. 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. 613.405, 613.420. Delaware Wage Payment and Collection Act Protection: No employees shall be paid a wage at a rate less than the rate at which an employee of the opposite sex is paid for equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions. 3-307(a)(2). Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). Code Ann., Lab. Ann. Minn. Stat. Gen. Laws ch. Rev. Coverage: Applies to any employer within the state. rimination, 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. Did you know that employees must be allowed to discuss salary at work? Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Stat. Iowa Code 216.6A(2)(a). 149, 105A. 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. Share your salary and compare it with millions of professionals. 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. The National Labor Relations Board has made it clear that this includes the right to discuss wages. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. La. Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. No. Vt. Stat. 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. Stat. Cal. Employee means an individual employed by an employer. /*-->*/. Stat. Remedies: If the department or court determines that the employer has engaged in a discriminatory practice, the department or the court may enjoin the employer from engaging in the unlawful practice and order temporary or permanent injunctions, equitable relief, and back pay; neither the department nor an administrative hearing officer may order compensatory or punitive damages, but the court may grant the prevailing party a reasonable attorney's fee as part of the costs. Coverage: No specific coverage provision. Code 22-9-1-3(i)(1)-(2). Lab. 275:38-a(I)(b). Ann. To choose not to engage in any of these protected concerted activities. Utah Code Ann. Coverage: Applies to government agencies and all other employers with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. Md. 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. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. Code Ann. Additionally, any employer who violates this law shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $100. Stat. Stat. Rev. Ann. 10:5-14.1a(a)-(c). Mo. 50-2-206. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Me. Md. Lab. Stat. Ga. Code 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. 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. 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. Evidence of unlawful employment discrimination under the Main Equal Pay Law or Maine Human Rights Act includes, but is not limited to, an employers inquiring, either directly or indirectly, about the compensation history of a prospective employee from the prospective employee or a current or former employer of the prospective employee or otherwise seeking the compensation history of a prospective employee. Neb. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . 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. The answer usually surprises them. If youre one of the many to whom this law applies, it is also unlawful for your employer to take retaliatory action against you for having such conversations. 41 C.F.R. 19 1113(a), (c). And many states have passed pay transparency laws for employees. Stat. D.C. Code. Coverage: Does not apply to any employer with fewer than 4 persons in his or her employ or to any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. Subscribe to our blog for the latest employment law news. See 29 U.S.C. 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. Code 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. Wash. Rev. Federal government websites often end in .gov or .mil. N.H. Rev. Stat. Idaho Code Ann. Del. Clarke-Figures Equal Pay Act Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. 27-9-105(a)(i). Ann. Rev. Dist., 135 F. Supp. 143-422.2. Remedies: An employer that violates this chapter is subject to a civil action for damages, injunctive relief, or any other appropriate relief. 93(2). For the most part: no, employers may not prohibit employees from discussing compensation according to the National Labor Relations Board ( NLRB) and an April 2014 Executive Order from former President Obama. Wage non-disclosure agreements for employees are prohibited. 19 710(6)(a)-(d). Stat. Stat. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. S.D. Any employer who violates any provision of this law is guilty of a class B misdemeanor. Rev. 112/10(a). N.Y. Cent. The law does not provide for specific remedies or penalties for unlawful employment practices. 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. Stat. Wash. Rev. Ann. & Empl. 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. Ann. Stat. 26, 628. Ala. Code 25-1-30(b). Only federal protections apply. Lab. 112/30(c). 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. 43 Pa. Cons. Or. Nev. Rev. Tex. 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. Iowa Code 216.6A(4). 4-21-102(5), 4-21-405. Mich. Comp. Ark. N.C. Gen. Stat. tit. Stat. 34A-5-107(9)(a), (b)(i)-(iv). 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. Ind. Coverage: Applies to any employer who employs 9 or more employees. The new law was passed on April 22, 2020, and becomes effective on July 1, 2020. 41 C.F.R. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. 820 Ill. Comp. 67-5902(6). Lab. 16-123-107(c)(1)(A). Mass. 363A.08(2)(3). & Empl. Ann. Minnesota Human Rights Act Protection: Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of sex to discriminate against a person with respect compensation. Ark. 112/30(a). Section 7 of the Act gives employees these rights. The court shall, in addition to any judgment awarded to the employee(s), allow a reasonable attorneys fee and cost of the action to be paid by the employer. tit. Ann. 3-301(b)(1)-(2). Ky. Rev. 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. Ann. Ann. What are my rights? Rev. 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. 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. Individuals elected to public office may be considered employers, but are not considered employees. Colo. Rev. Stat. 378-5(c). Codified Laws 60-12-18. Md. Cent. In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. #block-googletagmanagerheader .field { padding-bottom:0 !important; } 28-1-2(B), (E). Ann. Remedies: Any employer who violates this law is guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $100.00. 19 710(6)(a)-(d). 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. Stat. 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. La. Del. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. 49.58.070(1). Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. See 29 U.S.C. Rev. 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. Plaintiffs claiming sex-based pay discrimination bring their claims under the federal Equal Pay Act in addition to this statute. 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. 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. Wis. Stat. Coverage: Applies to all employers, including the state, and all employees. 203(s)(1). The law allows employees to discuss their wages with other employees. Many employers actively discourage employees from discussing pay and benefits with other employees. Lab. Law 296(1)(a). N.H. Rev. Ann. Laws 408.483a(1)(a)-(c). Ann. Coverage: Applies to any employer, and to any agent of the employer, with 1 or more employees. Coverage: Applies to any organization that pays 1 or more individuals a salary or wages or that contracts or subcontracts with a governmental entity to furnish material or perform work. Stat. 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. Remedies: No specific remedies provision. & Empl. 49.58.040(1)(a)-(b). Code Ann. This blog was originally published in April 2014. Lab. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." Cal. Ann. 149, 105A. The court may also allow the prevailing party a reasonable attorneys fee. Unit Sch. 275:39. Code Ann. 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. Pay ranges for open positions, this trend is growing in any of these concerted... As more and more states require employers to at minimum post the pay ranges open! 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