The Act also does not apply to a religious corporation; to the employment of any individual by his or her parent, grandparent, spouse, child, or grandchild; to employment in the domestic service of any person. Prior salary shall not justify any disparity in compensation. Stat. The statute does not apply to any individual employed by his or her parents, spouse, or child, to any individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility, or any individual employed outside of Arkansas. D.C. Human Rights Act of 1977 Protection: It shall be an unlawful discriminatory practice to discriminate against any individual with respect to his compensation based upon his actual or perceived sex, or gender identity or expression. Ga. Code Ann. 29 U.S.C. Stat. 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. & Empl. N.Y. Rev. 40, 198.1. Code 1197.5(b)(4). ch. Kan. Stat. Codified Laws 60-12-15. Rev. N.J. Stat. 44-1205. Stat. 19 1107A(a). 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. Ann. 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. Stat. Haw. Del. Lab. Rev. 34-5-5(a). Gen. Laws ch. Iowa Code 216.15(9)(a)(1), (6)-(8). 28 R.I. Gen. Laws 28-5-24(a)(1), (3). Rev. 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. 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. & Empl. 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. 25, 1302(B), 1307. Ann. Here are some examples from the past three decades of NLRB decisions. Remedies: Upon a finding of a discriminatory employment practice, the presiding officer shall order the employer to cease and desist from the discriminatory practice and may order the hiring or reinstatement of any individual, with or without back pay. GovDocs, Inc. 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. Did you know that employees must be allowed to discuss salary at work? Minn. Stat. Wash. Rev. Stat. Del. Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Cent. Remedies: Upon a finding that an employer engaged in an unlawful practice, the court may order injunctive relief and any other equitable relief that may be appropriate; back pay for the two-year period immediately preceding the filing of a complaint; and costs and reasonable attorney fees. 34A-5-107(10). 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. 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. tit. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? Codified Laws 60-12-18. Colo. Rev. Coverage: Applies to any employer who employs 9 or more employees. N.J. Stat. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Neb. Stat. 112/10(b-5). Remedies: If an employer has engaged in an unlawful employment practice, the presiding officer shall render an order requiring the employer to cease and desist from such practice and to take affirmative action, including the hiring, reinstatement, or upgrade of employees, with or without back pay, and a report of compliance; the order may also include an award of damages for pain, suffering, and humiliation that shall not exceed $2,000. 955(a). Ky. Rev. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Vermont Fair Employment Practices Law Protection: No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or from inquiring about or discussing the wages of other employees, or require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages or to inquire about or discuss the wages of other employees. 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. 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. tit. No. D.C. Code 2-1401.02(10). Conn. Gen. Stat. 24-34-405(2)(a)(I)-(III). Rev. Minn. Stat. Remedies: Upon a finding by the Commission that an employer has engaged in an unlawful employment practice, the Commission shall order the employer to cease and desist from the unlawful practice and to take affirmative action including hiring, reinstatement, or upgrading of employees with or without back pay; in appropriate circumstances, attorneys fees may be granted for the employee. Code 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. Idaho Code Ann. 149, 1. 27-9-102(b). Mich. Comp. Or. Code Ann., Lab. Ann. 181.70. Ann. Law 297(4)(c)(i)-(ii), (vi). Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any person with respect to the person's compensation because of his or her sex, gender identity, or gender expression. Tenn. Code Ann. See, e.g., Northtown Ford v. Ill. Human Rights Commn, 525 N.E.2d 1215, 1221 (Ill. App. Code Ann. 652.210(1). Stat. 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. Ann. Cal. Del. Coverage: Applies to employers with at least 1 employee in the state, with the exception of the state and any employer whose operations are subject to any federal act relating to equal wages for equal work, regardless of sex. Clarke-Figures Equal Pay Act 43 Pa. Cons. 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. Remedies: An individual may bring a civil action without exhausting administrative remedies. La. Stat. Law 292(5)-(6). 49.58.040(1)(a)-(b). Colo. Rev. Stat. Stat. Ann. Cent. Additionally, any employer in violation shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or by both fine and imprisonment. Colo. Rev. Code Ann. 8-5-103. Stat. 21.2585(d)(1)-(4). The simple answer is "No". Stat. Ark. 344.030(2)(a)-(b). 3-301(b)(1)-(2). 760.11(5). Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. N.D. Remedies: If any employee receives less compensation because of discrimination on account of gender, that employee is entitled to remedies, which may include an order the employer pay actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys fees. tit. 181.172(e). Under the NLRA, even an employee who signs a non-disclosure agreement still has the legal right to discuss pay with coworkers and others. Ann. 5/8A-104(A)-(C), (G), (J). Colo. Rev. Rev. 511(a). But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Ann. Ann. Executive Directive No. 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. 49.58.040(2)(a). New Mexico Fair Pay for Women 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 that 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. Code 34-06.1-02(2)-(3). An official website of the United States government. N.J. Stat. Coverage: Applies to all employees. 24-34-405(2)(a)(I)-(III). 48-1102(2). Cent. 21.258(a)(1)-(2), (b)(1), (5)-(6). Code 49.60.040(10)-(11). 8-5-102. Nev. Rev. 151B, 4(1). N.M. Stat. 206(d)(1). 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. Colo. Rev. 39-3-104(1). Only about 20% of companies practice open salary transparency. See Holt v. Deer-Mt. Stat. 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. 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. 387-1. Code Ann. Cal. N.D. Ann. 10:5-14.1a(a)-(c). Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Coverage: Applies to all employers but does not apply to governmental agencies. Rev. Wyo. 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. 28 R.I. Gen. Laws 28-6-18(a). Missouri Equal Pay Law Protection: No employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work. Coverage: Applies to all employees and includes apprentices and applicants for any apprenticeship. Stat. Ky. Rev. 93(5)(a). 19 1113(a), (c). 659 A.029, 659A.030(1)(b). Stat. 26, 623. 149, 1. tit. 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. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. 5 4577. 23:302(2)(a)-(b). tit. Stat. Colo. Rev. Arkansas Wage Discrimination Law Protection: Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of sex of the employee. 10:5-5(e)-(f). 60-1.3, 60-1.5(a)(1), (5). Rev. & Empl. Coverage: Applies to all employees and employers, including the state. N.Y. Applies to all employers, including the state, that employ 3 or more persons. 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. Iowa Code 216.6A(4). If your boss, manager, supervisor, employee handbook, or any other person or entity at work tells you it is illegal to talk about wages, they may be wrong. 34:11-56.1(a)-(b). 28 R.I. Gen. Laws 28-6-17(b)-(c). An Evaluation of the Gender Wage Gap Using Linked Survey and Administrative Data, Compare womens and mens earnings and the wage gap by race, ethnicity, and occupation, Compare womens and mens median earnings in over 350 occupations, 5 Facts About Black Women in the Labor Force. 28-23-6(C). 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. Coverage: Applies to any employer, including the state. 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. Tenn. Code Ann. Mont. 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. Md. 1-13-30(h). Remedies: If an employer has engaged in an unlawful discriminatory practice, the Commission shall order the employer to cease and desist and take affirmative action, including hiring or reinstatement, with or without back pay; payment of compensatory damages; payment of reasonable attorney fees; payment of civil penalties ranging from $10,000 to $50,000; and payment of hearing costs. Minn. Stat. 613.310-613.435. 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. 19 710(7). 354-A:2(VI)-(VII). Stat. 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. See 29 U.S.C. 48-1223(5). Rev. 11-4-608. 387-4. Yes. Nev. Rev. Stat. Del. The employer may be fined not less than $200 nor more than $500 or imprisoned not more than 3 months, or both, for each offense if the total amount of all unpaid wages is more than $200 but less than $500. 49.58.100(1)(a)-(b). .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The employee may also recover the costs of the suit and reasonable attorneys fees. Ky. Rev. Code Ann. Imagine how much positive change you could create within your organization if you pulled back the covers and started speaking honestly about your compensation. Remedies: Any employer who violates this section shall be liable to the employee affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall also allow a reasonable attorney's fee, as well as the costs of the action, to be paid by the defendant. Stat. Remedies: Any employer who fails to pay the wages of his employees or shall differentiate in rate of pay because of sex, as provided in this article, shall forfeit to the people of the state the sum of $500 for each such failure, to be recovered by the commissioner in any legal action necessary. Stat. 21, 495(a)(7)(B)(i)(I)-(II). 613.405, 613.420. N.Y. Neb. 112/10(b). Stat. 31-40z(a)(1). It shall be unlawful discrimination in employment for an employer to intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions. Code Ann., State Govt 20-604. 336.8(a). Ann. 5-11-13(b)-(c). In other words, if you lost wages as a result of getting injured, a single attorney. Stat. 23:663(3). Lab. Stat. 50-2-204(a)(1). Md. An employer who violates this law is liable for paid wages; in addition to any wages recovered, the court shall allow an additional equal amount as liquidated damages plus a reasonable attorneys fee and court costs. Stat. 34-5-2(3). 5 4577. Stat. Rev. 49.58.070(1). Even if an employee were to post his or her salary on social media, that would also not allow an employer to legally terminate an employee on that basis alone. Ann. Diane B. Allen Equal Pay Act Protection: No employer shall discriminate in any way in the rate or method of payment of wages to any employee because of his or her sex. Md. Cal. Rev. Coverage: Applies to all employers and their agents, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. 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 remedies provision. Ark. Cal. Ann. Idaho Code Ann. The Act also applies to any employer employing 15 or more employees, the state, any party to a public contract, and any joint apprenticeship or training committee.

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