Rev. Code 1197.5(b)(4). tit. Wyo. Law 197. Stat. 820 Ill. Comp. tit. If you are ready to file a Charge or Petition, you may do so via the NLRB's electronic filing (E-File) application. Ohio Rev. Code Ann. Del. Code Ann. 659.001. 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. 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. Stat. 181.67(1). Under the Act, employers cannot prohibit employees from discussing their own wages or the wages of others. Fla. Stat. 39-3-104(1). 378-1. Govt Code 12965(c). Stat. Code Ann., Lab. 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. The new requirements become effective on July 1, 2007. 10:5-5(e)-(f). Wis. Stat. An agency within the U.S. Department of Labor, 200 Constitution AveNW Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), U.S. Department of Labor Wage and Hour Division, http://www.dol.gov/whd/regs/compliance/whdfs14.pdf (last visited March 22, 2017). 775 Ill. Comp. Minn. Stat. 28-1-2(B), (E). tit. Ala. Code 25-1-30(b). Rev. 34-5-3(a). Code 243(a)-(b). 5/2-101(B)(2). Connecticut Labor Statute Protection: No employer shall inquire or direct a third party to inquire about a prospective employees wage and salary history unless a prospective employee has voluntarily disclosed such information. 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. 111.321, 111.32(1), 111.36. Conn. Gen. Stat. Haw. Stat. Rev. Coverage: Applies to all persons acting in the interest of an employer. 4111.17(D). 363A.29(4)(a). 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. 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. Rev. Del. Code Ann. 24-34-405(2)(a)(I)-(III). 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. Transparency around salaries can arm marginalised workers and close the wage gap. Stat. Colo. Rev. Ann. West Virginia Equal Pay for Equal Work 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 that at which he pays wages to his employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. 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. Mo. 495b(b). Rev. Iowa Equal Pay Law Protection: A state department or agency shall not discriminate in compensation for work of comparable worth between jobs held predominantly by women and jobs held predominantly by men; comparable worth means the value of work as measured by the composite of the skill, effort, responsibility, and working conditions normally required in the performance of work. 40.1-28.6. N.J. Stat. The law allows employees to discuss their wages with other employees. 363A.20(1). Section 2 of the Georgia Security and Immigration Compliance Act of 2006 (Act 457) requires public employers, their contractors and subcontractors to verify the work eligibility of all newly hired employees through an electronic federal work authorization program. Stat. Mass. Coverage: Applies to any employer employing 15 or more employees but does not include any religious corporation, association, educational institution, or society which conditions employment opportunities to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Stat. 962(c)(1). 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. Cal. Coverage: Applies to state departments and autonomous agencies subject to supervision by the Governor. 659A.355(1)(a). Code 22-9-1-6(j)(1)-(3). Code Ann., State Govt 20-601(c)(1)-(2). 31-40z(b)(5). California Equal Pay Act Protection: An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. Rev. Vt. Stat. Ann. 820 Ill. Comp. 2019-10(1). Coverage: Does not apply to any employer who regularly employs less than 4 individuals, and individuals who are members of the employers family are not considered employees. Stat. Law 292(5)-(6). Code 1197.5(h). 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. Oklahoma General Anti-Discrimination Law Protection: It is a discriminatory practice for an employer to discriminate against an individual with respect to compensation because of sex, including pregnancy. Unit Sch. Neb. Coverage: Applies to any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee or applicant, including the state and any political subdivision, but excluding the United States government. 49.58.010(5). Employers are required to pay employees the same wages if they work similar jobs at different locations within the same county (e.g., if there is more than one business branch). Rev. Code Ann. Mo. Lab. Code 200. 31-40z(a)(1). 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. 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. 24-34-402(1)(i). 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. Wash. Rev. 820 Ill. Comp. 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. Illinois Human Rights Act Protection: It is a civil rights violation for any employer to act with respect to conditions of employment on the basis of unlawful discrimination. 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. Why? Stat. 336.2(a)-(b). Remedies: An employer who violates this law shall be fined no more than $500 nor imprisoned more than 1 year, or both. Md. In October 2019, for example, Maryland passed a host of new employment laws, with a salary history ban part of the sweeping amendments. Ann. Haw. Mich. Comp. 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. Tex. & Empl. 149, 1. Nebraska Fair Employment Practice Act Protection: It shall be an unlawful employment practice for an employer to discriminate against any employees or applicants for employment because he or she has inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation. 67-19-3(3), (5), (10). Coverage: Applies to all employers except those subject to the minimum wage provision of the Fair Labor Standards Act. Coverage: Applies to any employer, and any agent of the employer, who has 8 or more employees, but does not apply to the United States or a bona fide private membership club that is exempt from taxation. Exempt employees include, among others, members of the legislature and legislative employees; members of the judiciary and judicial employees; and employees in the Office of the Attorney General. An employee unlawful may also maintain a civil action in court for reinstatement, back pay, and any other appropriate relief if the Commission dismisses his or her complaint or has not entered into a conciliation agreement with the employer within 1 year of the employees complaint. See 29 U.S.C. 820 Ill. Comp. Mo. 31-40z(d). W. Va. Code 5-11-3(h); 5-11-9(1). D.C. Code. 93(5)(a). Rev. Stat. 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. The simple answer is "No". Per the NLRB, pay secrecy policies may violate the law. . 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. 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. 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. Code Ann. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Coverage: Applies to any employer, and any agent of the employer, engaged in an industry affecting commerce that has 15 or more employees, as well as to a state agency or state instrumentality, regardless of the number of individuals employed. Code 14-02.4-20. 42 U.S.C. 48-1103(1)-(2). Coverage: The law does not apply to family members. Over the years, theyve ruled (and decisively) on the right of employees to discuss pay levels and compensation packages. Keep Informed 34-5-2(4). Mass. 5, 4553(4). Coverage: Applies to any person or agent in the state who employs at least 1 person in the state; however, it does not apply to any individual employed by the individuals parents, spouse, or child, or any individual in the domestic service of any person. 50-2-204(b). 511(a). The employee may also recover the costs of the suit and reasonable attorneys fees. 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. An employer who violates this law may be liable for legal and equitable relief, which may include employment, reinstatement, promotion, pay increase, payment of lost wages, and liquidated damages as well as the employees reasonable costs, including attorney fees. Ky. Rev. 44-1701(1)-(2). Coverage: Applies to any employer or agent of the employer, including the state, who employs 8 or more persons within the state, but does not apply to religious corporations, associations, educational institutions, or societies with respect to employment connected with the carrying on of religious activities. This map provides information on federal and state-level equal pay and pay transparency protections for workers. 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. Tenn. Code Ann. 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. 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. For the purposes of this blog, though, we will look at the measures taken to allow employees to discuss pay and salaries. 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. Executive Directive No. 21, 495d(1). Lab. Coverage: Applies to all employers, including the state, and to all employees. To choose not to engage in any of these protected concerted activities. 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. W. Va. Code 21-5E-3(a)(1)-(2). Stat. Conn. Gen. Stat. 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.. 21-5E-4(a). Louisiana Equal Pay for Women Act Protection: It shall be unlawful for any employer to discriminate, retaliate, or take any adverse employment action against any employee for inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee. Stat. .manual-search-block #edit-actions--2 {order:2;} Stat. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). 19 1113(a), (c). 23:303(A). Ind. Tenn. Code Ann. But, as more and more states require employers to at minimum post the pay ranges for open positions, this trend is growing. Code Ann., Lab. Stat. Rev. Stat. Mich. Comp. Employers may not write a specific rule, but may say things like, Discussing wages creates tension. What theyre referring to is the tension that people making less than their co-workers would feel if they found out their pay wasnt the same. Coverage: Applies to any employee under a contract of employment made in Delaware or to be performed wholly or partly therein but does not apply to employees of the United States government or the state. tit. At many companies, there is not only a hush-hush culture around discussing your pay, it may even be a rule, whether communicated verbally or written down in employee rules and regulations. Ann. Coverage: Applies to all persons acting in the interest of an employer. 46a-86(c). 43 Pa. Cons. 40, 198.1. 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. Employee means an individual employed by an employer. 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. Activities for mutual aid and protection could include discussions about wages, benefits, treatment from managers, safety issues, and just about anything else that two or more employees might have a stake in. 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. Coverage: Applies to any employer employing 1 or more employees, but does not include the state or the federal government. Code Ann. Remedies: No specific remedies provision. In any action instituted by an employee or the commissioner in which the employee prevails, the court shall allow such employee to recover the full amount of any underpayment, all reasonable attorney's fees, prejudgment interest, and an additional amount as liquidated damages equal to 100% of the total amount of the wages found to be due, except such liquidated damages may be up to 300% of the total amount of the wages found to be due for a willful violation of this law. Me. Iowa Code 216.15(9)(a)(9)(a)-(b). Ann. 151B, 1(5)-(6). 48-1103(1)-(2). Rev. Ann. Coverage: Applies to all employees and employers, including the state. Del. Fla. Stat. 34:11-56.1(a)-(b). Stat. 67-5908(3)(a)-(e). Ann. Stat. 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. Remedies: Any person who knowingly violates a provision of this chapter is guilty of a class A misdemeanor. Texas Equal Work, Equal Pay Law Protection: A woman who performs public service for this state is entitled to be paid the same compensation for her service as is paid to a man who performs the same kind, grade, and quantity of service, and a distinction in compensation may not be made because of sex. Gen. Laws ch 151B, 5. 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. 363A.08(2)(3). Code Ann. 213.075.11(1). Damages shall also include either an equal amount to two times the wage differential paid to another employee or, in instances of willful violation, an amount equal to three times the wage differential paid to another employee. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. 50-2-202(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. N.M. Stat. 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. 48-1221(1). Before sharing sensitive information, make sure youre on a federal government site. 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. Gen. Laws ch. No, employees are legally protected. Lab. 344.230(2)-(3)(a), (e)-(f), (h). Remedies: If the commission finds that an employer has engaged in any discriminatory or unfair practice, the commission shall issue an order requiring the employer to cease and desist from such discriminatory practice and take affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and any other appropriate relief. 24-34-306(9). 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. 275:40. 26, 626-A. Coverage: Applies to all employees and employers, including agents of employers. Rev. Stat. Additionally, the law does not apply to any person elected to public office in the state, or any person chosen by such officer to be on such offers personal staff. 23:302(2)(a)-(b). 23:663(3). 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. The company is headquartered in St. Paul, Minn. Code Ann. Vt. Stat. Me. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. Code Ann. Coverage: Applies to all employer and all employees. N.D. 4111.17(A). Nevada Equal Pay Law Protection: It is unlawful for any employer to discriminate between employees on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work, which requires equal skill, effort and responsibility and which is performed under similar working conditions. 28-23-6(A)(1)-(3). Code Ann. Cent. Stat. Ann. 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. D.C. Code 32-1455(a), (c). W. Va. Code. p.usa-alert__text {margin-bottom:0!important;} 820 Ill. Comp. tit. 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. 613.320(1)(a)-(b). 2000e(b). Vt. Stat. Ann. Coverage: No specific coverage provision. Michigan Equal Pay Law Protection: No employer shall discriminate in any way in the payment of wages as between sexes who are similarly employed. 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. Stat. 4-21-305(b). Remedies: If the commission determines that an employer has violated this act it shall issue an order requiring the employer to cease and desist from the discriminatory practice and to take such other action as it deems necessary, including hiring, reinstatement, or upgrading of employees with or without back pay; reporting as to the manner of compliance; requiring the posting of notices; payment to the complainant of damages for injury caused by a violation, including a reasonable attorney's fee; and payment of a civil fine ranging from $10,000 to $50,000. Code Ann. Eagan, MN 55121 N.M. Stat. Neb. Code Ann., Lab. 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