Stat. Remedies: The Equity and Inclusion Officer for a department or agency shall receive complaints regarding noncompliance with the requirements of this directive and recommend measures to remedy the noncompliance to the department director or agency head. 1-13-30(h). Stat. N.M. Stat. Code Ann. Va. Code Ann. & Empl. tit. Coverage: Applies to any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay. Any employer who knowingly or intentionally violations section 4 commits a Class A infraction. Coverage: Applies to all employers, including the state, and all employees. Rev. 4112.01(A)(2)-(3). Tenn. Code Ann. 336.2(a)-(b). Law 198(1-a). Code Ann. 820 Ill. Comp. 23:666(A). Stat. 49-2-303(1)(a). 24-34-401(3). Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. Ann. 11-4-601(a). Rev. Only about 20% of companies practice open salary transparency. 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. Kan. Stat. Washington, DC 202101-866-4-USA-DOL, Employment Protections for Workers Who Are Pregnant or Nursing, Equal Pay and Pay Transparency Protections. 49.58.040(1)(a)-(b). 23:342(1). The judge shall order any employer found to be in violation this law to pay a civil penalty to the state in addition to compensatory and punitive damages; the judge may also order the employer to pay damages for mental anguish or suffering and reasonable attorney's fees, in addition to punitive damages in an amount not more than $25,000. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. The law does not provide for specific remedies or penalties for unlawful employment practices. Nev. Rev. Any employer who violates this section shall, upon conviction, be punished by a fine of not more than $100. Ala. Code 25-1-30(c). Remedies: An individual may bring a civil action without exhausting administrative remedies. Its long been considered taboo to discuss how much youre making with your co-workers. Cal. Colo. Rev. Tenn. Code Ann. Or. Remedies: An employee may bring a civil action against an employer for violation of this provision for 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. 1-13-80(A)(1). GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. & Empl. 16-123-102(4)(A)-(C). Stat. Stat. 112/30(c). 613.310(2)(a)-(c). 21-5B-4(1)-(2). N.M. Stat. Coverage: Applies to all employers, except for employers of domestic servants, agricultural, temporary, and seasonal employers, and nonprofit social, fraternal, charitable, educational, religious, scientific, and literary associations. 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. 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. Mass. 149, 105B. Nevada General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer to discriminate against any employee because the employee has inquired about, discussed, or voluntarily disclosed his or her wages or the wages of another employee. Unfortunately for employees, not knowing leaves them without increases in pay that would otherwise be equitable and fair. Ark. 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. 29 U.S.C. 511(a). Del. 2019-10(2). 275:37(I). 613.320(1)(a)-(b). 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. 67-5909(1). Ark. Ky. Rev. Code Ann. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. 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. Coverage: Applies to any employer or agent of the employer in the state employing 4 or more persons but does not include nonprofit fraternal or social associations or corporation. Laws 408.484. Tennessee Human Rights Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of such individuals sex. Remedies: Upon a finding that an employer has engaged in an unfair employment practice, the administrative law judge may order the employer to cease and desist from such unfair practice and to take affirmative action, including hiring, reinstatement, or upgrading with or without back pay; a report of the matter on compliance; and damages (not to exceed $20,000) for humiliation and mental suffering. 48-1114(1)(d). 44-1205. Rev. Coverage: No specific coverage provision. Cal. Stat. Why? Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. 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. 2000e-2(a)(1). Connecticut Labor Statute Protection: No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Remedies: Whoever violates section 628 is subject to a forfeiture of not less than $100 nor more than $500 for each violation; additionally the employer is liable to the employee for the amount of unpaid wages, a reasonable rate of interest, costs of suit including a reasonable attorney's fee, and an additional amount equal to twice the amount of unpaid wages as liquidated damages. 387-12(d)(1). Subscribe to our blog for the latest employment law news. If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. Remedies: An individual aggrieved by violations of Title VII may file a charge with the Equal Employment Opportunity Commission, which may bring a civil action against a respondent employer; if a court finds that the respondent has intentionally engaged in an unlawful employment practice, the court may enjoin the respondent from engaging in such unlawful employment practice and order affirmative action, which may include reinstatement or hiring of employees, with or without back pay, or any other equitable relief. 495b(b). Code Ann., State Govt 20-604. 5, 4553(3). Haw. 111.321, 111.32(1), 111.36. Code Ann. N.M. Stat. 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. N.Y. 820 Ill. Comp. To bargain collectively through representatives of their own choice, To act together for other mutual aid or protection. 49.58.040(2)(a). The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. 378-5(a). If the discriminatory practice includes discrimination in matters of compensation, the presiding officer may provide to the complaining party, an additional equal amount of back pay. Mont. 12571. Stat. WE WILL NOT distribute, maintain, or enforce rules prohibiting you from discussing your wages or other terms or conditions of employment with others. Stat. Lab. Oct . Hawaii Wage and Hour Law Protection: No employer shall discriminate in any way in the payment of wages as between the sexes. Rev. Stat. Nebraska Wages Law Protection: No employer shall discriminate between employees on the basis of sex, by paying wages to any employee at a wage rate less than the rate at which the employer pays any employee of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions. Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. 16-123-107(a)(1). The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. In cases of violation in addition to any judgment awarded to the plaintiff, the court shall allow a reasonable attorneys fee and costs of the action to be paid. N.H. Rev. 19 710(6)(a)-(d). Before sharing sensitive information, make sure youre on a federal government site. 46a-86(c). 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. Maryland Anti-Discrimination Law Protection: An employer may not discriminate against any individual with respect to the individuals compensation because of the individuals sex. Stat. This blog was originally published in April 2014. Stat. Iowa Code 216.15(9)(a)(9)(a)-(b). 181.66(3). Code Ann., Lab. Coverage: The law does not apply to family members. 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. Ohio Rev. Because many workers are unaware that employers cannot restrict employees from discussing pay, some employers have tried to implement illegal policies. Rev. 21, 495(a)(7). Stat. The law also applies to any employer, or agent of the employer, that has 15 or more employees; it also applies to the state, but does not apply to a bona fide private membership club that is exempt from taxation. The law does not protect persons engaged in domestic service in the home of the employer, in agricultural service, in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association. Coverage: Applies to all employees and to any employer employing 1 or more persons, as well as any agent of the employer, but does not apply to a fraternal, charitable, or religious association or corporation. 34A-5-107(9)(a), (b)(i)-(iv). 213.111.1-2. Ohio Rev. Md. Code Ann. Stat. 28-23-2(D)-(E). Stat. Mo. Law 297(4)(c)(i)-(ii), (vi). 151B, 5. 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. Another example is an employer decreasing an employee's work hours because he asked his coworkers about their rates of overtime pay. 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. N.H. Rev. Executive Order No. Utah Antidiscrimination Act Protection: An employer may not discriminate in matters of compensation against a person otherwise qualified because of sex or gender identity. Del. See Nev. Rev. Code Ann. 25, 1301(1)(a)-(b). Pennsylvania Human Relations Act Protection: It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for any employer, because of the sex of any individual, to discriminate against such individual with respect to compensation if the individual is the best able and most competent to perform the services required. 34-5-2(4). Although sex as a protected basis is not specifically included within the provision prohibiting discrimination, courts have construed the two provisions cited above as prohibiting discrimination with respect to compensation on the basis of sex. Stat. 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. Coverage: Applies to the state and any employer employing 12 or more persons within the state; however, the Act does not apply to private clubs or any individual employed by his or her parents, spouse, or child. 11-4-607(2). 4-21-313(a)(1)-(6), (b). Del. 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. 344.030(2)(a)-(b). Conn. Gen. Stat. 19 710(6)(a)-(d). Oregon General Anti-Discrimination Law Protection: It is an unlawful employment practice for an employer, because of an individual's sex, including pregnancy, to discriminate against the individual in compensation. Ann. 46a-51(9). 11-4-601(b). 378-1. S.D. Mass. Stat. The court shall allow costs of the action and any reasonable attorney fees to be paid by defendant. 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. Mo. .h1 {font-family:'Merriweather';font-weight:700;} Ann. tit. 387-1. N.J. Stat. 112/30(c)(1)-(2). Rev. Rev. Ann. Rev. New Mexico Human Rights Act Protection: It is an unlawful discriminatory practice for an employer to discriminate in matters of compensation against any person because of sex. Me. W. Va. Code. Cal. Law 198-a(1). 31-40z(a)(1). Code Ann. Code Ann. Stat. Employers can require employees who have access to other employees' wage information as part of their job duties, to keep that information confidential. No employer may require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages or sign a waiver that purports to deny the employee the right to disclose the amount of his or her compensation; additionally, no employer may discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her compensation. Stat. Stat. Rev. Stat. 344.030(5). Coverage: Applies to the state as well as any school district, public or private corporation, person, or firm. Rev. 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. Cent. Vt. Stat. 60-1.4(a)(3). W. Va. Code 21-5B-5. 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. Remedies: An employee who believes his or her employer has violated this law may file a written complaint with the department. 5, 4613(2)(B)(1), (2), (7), and (8). Code 22-9-1-3(l)(1), (q)(2). Ind. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Ann. 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. Mich. Comp. 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. Stat. Mo. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Fla. Stat. 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. To bargain collectively through representatives of their own choice, to Act together for other mutual aid or Protection open. 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