D.C. Okla. Stat. Kan. Stat. 28-1-7(A). Lab. 608.180, 608.195(2). Employers who maintain such policies either in writing or verbally . Wash. Rev. Mich. Comp. 363A.29(3). Ann. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. Stat. 659A.885(1). Code 49.60.180(3). & Empl. 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. Conn. Gen. Stat. 5-11-13(b)-(c). 42 U.S.C. Florida Equal Pay Statute 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 or she pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, responsibility, and which are performed under similar working conditions. 28-23-2(D)-(E). 48-1114(1)(d). Stat. W. Va. Code Ann. Cent. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. 2019-10(2). Rev. Minn. Stat. 67-5902(6)(a)-(c). Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. Minn. Stat. La. Ind. Lab. Stat. Stat. 60-1.26(a)(2), (b)(1); 60-1.27. Colo. Rev. 28-23-6(C). Lab. But the truth is, you are allowed to talk about your salary with co-workers, by law. Haw. 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. An employee may bring a civil action to recover unpaid wages and liquidated damages; any judgment entered for an employee in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution, and reasonable attorneys fees, all to be paid by the employer. 1-888-273-3274. Vt. Stat. The answer usually surprises them. Law 198-a(1). Remedies: An employer in violation shall be liable to the employee or employees affected in the amount of their unpaid wages, and an additional equal amount of liquidated damages. Executive Directive No. N.M. Stat. Check out our interactive section on the laws that are protected for Employee Rights. Stat. Ohio Rev. Ind. 28-23-6(A)(1)-(3). 44-1704(1). Iowa Code 216.15(9)(a)(9)(a)-(b). Remedies: Any employer who violates the Act is liable to the employee affected in an amount equal to the wages, and interest thereon, of which the employee is deprived by reason of the violation. Fla. Stat. 50-2-204(b). Stat. Codified Laws 60-12-15. Remedies: Any employer who willfully violates this law or pays or agrees to pay any employee compensation less than that which the employee is entitled to shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both. An employer may not discharge or in any other manner retaliate against an employee for: (a) inquiring about, disclosing, or otherwise discussing the employees wages or the wages of any other employee. 21, 495(a)(7). Rev. Del. 112/30(c)(1)-(2). Ann. Stat. 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. Stat. 48-1104(1). Remedies: If the commission determines the employer has engaged in a discriminatory practice, the commission shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take affirmative action. Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee. Ala. Code 25-1-30(b). 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. 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. Coverage: Applies to all employer and all employees. 44-1009(a)(1). Rev. 659A.355(1)(a). Stat. Stat. 378-5(b). Cal. Md. 10:5-5(e)-(f). 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.. The National Labor Relations Act has been in place for nearly 90 years. 378-5(c). 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. 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. 44-1704(2). Law 198(1-a). Ann. ch. 216(b). 50-2-204(a)(2). 959(f)(1). 44-1211(a). Is It Illegal For Your Employees To Discuss Wages? The law also applies to all employees; however, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within the state. The law allows employees to discuss their wages with other employees. GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. Stat. Iowa Code 70A.18. Del. Mo. 151B, 5. 27-4-304. Code Ann. Mich. Comp. 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. 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. Code Ann. Md. Information unintentionally discovered relating to an applicants salary history must not be used by the department or agency in an employment decision. and perfectly legal to talk about it What many workers don't realize is that it is unlawful for private sector employers to prohibit employees from discussing wages and. 31-71g. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} The commencement of an action under federal law for relief based upon a prohibited act bars the commencement or continuation of an adjudicative proceeding in connection with the same claim. 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. Stat. Laws 408.481(1). 67-5909(1). Ark. Texas General Anti-Discrimination Law Protection: An employer commits an unlawful employment practice if because of sex the employer discriminates against an individual in connection with compensation. 46a-51(10). 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. Coverage: Applies to public and private employers. Wash. 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. Remedies: If the commission finds that an employer has engaged in any unlawful discriminatory practice, the commission shall issue an order to cease and desist from such unlawful discriminatory practice and to take affirmative action, including hiring, reinstatement, or upgrading of employees with or without back pay. Rev. 93(3)(a). The law also applies to all employees except those who, among other things, are employed in agriculture; in domestic service; in a bona fide executive, administrative, or professional capacity; by the United States; any individual who volunteers for a nonprofit organization; or persons 18 years of age or less employed on an occasional or part-time basis. 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. 28 R.I. Gen. Laws 28-6-21. A Georgia attorney could advise best, but your question remains open for three weeks. Mich. Comp. Ga. Code Ann. 290.400(2), (4). Haw. But when it comes to discussing wages, you may want to consider going against the grain. Mass. 27-4-303(a). Remedies: Employees may file a civil action for pay and/or file a charge with the Colorado Civil Rights Division. 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. If, within 10 years of a conviction for violation of this provision, it is alleged that an employer on a second occasion has been convicted of again violating this article, an employee may bring an action for temporary restraining order; the court may grant an order prohibiting the employer within 30 days from conducting any business within the state unless the employer deposits a bond of $25,000 or 25% of the weekly gross payroll, whichever is greater. Ga. Code Ann. The law errs on the side of protecting employees right to concerted activity. Utah Code Ann. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. Stat. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} No. Md. Stat. Stat. Any employer who violates the provisions of subdivision 495(a)(7) shall be liable to any affected employee in the amount of the underpaid wages and an equal amount as liquidated damages, in addition to any other remedies. tit. Code Ann. Rev. 613.405, 613.420. 49-2-506(1)(a)-(c). Rev. Conn. Gen. Stat. 354-A:7(I), 345-A:7(VI)(a). 31-75(a). tit. Stat. Mass. N.C. Gen. Stat. 26, 628. Additionally, an employer who willfully engages in an unlawful discriminatory practice is guilty of a misdemeanor punishable by a fine of not more than $500, imprisonment for not more than 6 months, or both. 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. Minn. Stat. Ann. 32-1452(1)-(2). 3-307(a)(1). .manual-search ul.usa-list li {max-width:100%;} .usa-footer .grid-container {padding-left: 30px!important;} Ann. 34-5-2(3). Remedies: Any employee whose compensation is at a rate that is in violation of 21-5E-3 may file a grievance. Del. 45-19-29(1). It might not be illegal but discussing salary is probably not work-related so if you and a colleague dwell on salary for 10 hours a week then then you could get in trouble for not performing your expected tasks. Ala. Code 25-1-30(d). 275:36. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. Ala. Code 25-1-30(d). In recent years, however, this discussion has primarily focused on hiring and whether prospective employees can be asked about their salary history. Ann. The employees have spoken. 354-A:2(VI)-(VII). Gag rules can open the door to wage suppression and pay inequity, which can have a particularly damaging effect on women and people of color. 8, 2011 WL 2533793, at *7 (C.D. Clarke-Figures Equal Pay Act To clarify, an employer can simply ask (or tell) an employee not to discuss wages. Laws 37.2201(a). 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. N.M. Stat. The site is secure. 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. Minn. Stat. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. 31-40z(d). ol{list-style-type: decimal;} Mich. Comp. Md. 112/30(c). Gen. Laws ch. Most employers are familiar with the NLRA but, unfortunately, do not realize that this Act does more than just regulate the activity of employers with unions. Ark. Stat. 5/2-101(A)(1)(a)-(c). Kansas Minimum Wage and Maximum Hours Law Protection: No employer having employees of both sexes shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate of wages paid to employees of the opposite sex for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Stat. Vt. Stat. Code Ann., Lab. Virginia Equal Pay Law 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 on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Fla. Stat. 659 A.029, 659A.030(1)(b). Govt Code 12940(a). Del. 67-19-4. Code Ann. 820 Ill. Comp. Workers are often protected when discussing salaries, even if doing so damages morale. Ark. In fact, having a policy against it could get you into serious trouble. Federal government websites often end in .gov or .mil. Code 22-2-2-11(a)(3)(c). Utah Code. 203(d), 206(a), 262(a). 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. Code 22-2-2-9. 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. Keep Informed Wis. Stat. Coverage: Applies to any employer or agent of the employer, including the state, having 1 or more employees, but does not include the United States. Del. Neb. Remedies: If the commissioner finds that an employer has engaged in any unlawful discriminatory practice, the commissioner shall issue an order requiring the employer to cease and desist from the unlawful practice and requiring the employer to take affirmative action, including hiring or reinstatement with or without back pay; awarding compensatory damages to the employee; and assessing civil fines and penalties, in an amount not to exceed $50,000, to be paid to the state by the employer, or not to exceed $100,000 if the act is found to be willful, wanton, or malicious. Md. Ark. Ann. 111.321, 111.32(1), 111.36. 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. 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