The National Labor Relations Board has made it clear that this includes the right to discuss wages. 2015) (applying paycheck rule to lawsuit brought under the Arkansas Civil Rights Act challenging pay discrimination on the basis of sex). Stat. 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. Lab. 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. 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. Whenever it appears that any employer is engaged in any act which constitutes or will constitute a violation of this law, the director may bring an action to enjoin the act and to enforce compliance; upon a proper showing, a permanent or temporary injunction or restraining order shall be granted. 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. 31-40z(d). Coverage: The provision applies to public officers and employees employed by a state department, board, commission, or agency. Here are some examples from the past three decades of NLRB decisions. More information about protection, coverage and available remedies are listed in an accompanying table at the link below. 50-2-201(3)-(4). 354-A:2(VI)-(VII). 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. Laws 408.471(c)-(d). 24-34-405(2)(a)(I)-(III). Or. 34-5-2(3). If an employer is found to have engaged in an intentional discriminatory or unfair practice, the employee may recover compensatory and punitive damages. New Hampshire Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying 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. 25, 1302(B), 1307. 760.10(1)(a). tit. Additionally, the employer may also be liable to the employee for punitive damages. 337.427(1). 34-5-3(a). N.Y. Exec. Coverage: Applies to all employers and their agents, except nonprofit hospital associations or corporations, but does not apply to persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. 44-1202(d). Ky. Rev. Nev. Rev. 760.10(7), (9). La. Coverage: No specific coverage provision. Its long been considered taboo to discuss how much youre making with your co-workers. Pennsylvania Equal Pay Law Protection: No employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs, the performance of which, requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Oct . tit. 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. 181.172(e). 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. S.C. Code Ann. Del. Ark. tit. 23:332(A)(3). Delaware Antidiscrimination Act 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 his or her wages or the wages of another employee; require an employee to sign a waiver or other document purporting to deny an employee the right to disclose or discuss his or her wages; or discharge, formally discipline, or otherwise discriminate against an employee for inquiring about, discussing, or disclosing his or her wages or the wages of another employee. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Okla. Stat. 203(s)(1). Ann. Coverage: Applies to all employers with at least 1 employee, including the state and its agencies but does not apply to a social club or fraternal society or to any individual employed by his or her parents, spouse, or child. 24-34-405(3)(a). GovDocs, Inc. 4111.17(D). Stat. Code Ann. An employer may not require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee's wages; or take any adverse employment action against an employee for inquiring about another employee's wages; disclosing the employee's own wages; discussing another employee's wages if those wages have been disclosed voluntarily; or asking the employer to provide a reason for the employee's wages. 21, 495d(1). Mass. To clarify, an employer can simply ask (or tell) an employee not to discuss wages. La. Stat. 336.2(a)-(b). Idaho Code Ann. Rev. Rhode Island Equal Pay Law Protection: No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for equal work or work on the same operations. 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. Stat. The law protects all employees, but does not include any individual employed, among other things: at a guaranteed compensation totaling $2,000 or more a month; in agriculture where the employer employs less than 20 employees for any workweek, or for any workweek in which the individual is harvesting coffee; in the home of the employer in domestic service; as a house parent in any home or shelter maintained for child welfare purposes; by the individuals sibling, sibling-in-law, children, spouse, parent, or parent-in-law; in the catching, harvesting, or farming of any kind of aquatic forms of animal or vegetable life; or in any capacity where the employee is covered by the Fair labor Standards Act. 46a-51(10). Cent. 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. Stat. tit. Code Ann., Lab. Mass. 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. Ann. 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. New York Equal Pay Law Protection: No employee with status within one or more protected class or classes shall be paid a wage at a rate less than the rate at which an employee without status within the same protected class or classes is paid for: (a) equal work on a job the performance of which requires equal skill, effort, and responsibility, and which is performed under similar working conditions, or (b) substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. Rev. In fact, employees' right to discuss their salary is protected by law.While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time. Mass. 28 R.I. Gen. Laws 28-5-24(b). Ann. Del. Rev. 2019-10(1)(a)-(b). Or. New York's Achieve Pay Equity bill passed in October 2015, shortly after California's act. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. Code Ann., State Govt 20-505(a)(1)(i). Me. 50-2-204(b). Colo. Rev. Coverage: Applies to all employers, as well as the state, but does not apply to any individual employed in the domestic service of any person. Code Ann. N.J. Stat. tit. Ohio Rev. Ark. Mo. 23:303(A). Cal. tit. 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. 48-1103(1)-(2). Stat. 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. W. Va. Code. & Empl. Can an employer in the U.S. create a company policy that prohibits employees from discussing pay rate and salary levels with other employees or (gasp) on social media? 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. 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. Utah Code Ann. 216(b). 378-5(a). Ann. 354-A:7(I), 345-A:7(VI)(a). Stat. 46a-86(a)-(b). Coverage: Applies to any employer within the state. Stat. 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. Kan. Stat. In fact, a 2011 survey found that half of employees say that their workplace discourages or prohibits "discussion of wage and salary information." D.C. Code. 4112.02(A), 4112.01(B). Stat. Stat. 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. 48-1114(1)(d). Cal. & Empl. Ohio Rev. Louisiana Equal Pay for Women Act Protection: No employer may discriminate against an employee on the basis of sex by paying wages to an employee at a rate less than that paid to another employee of a different sex for the same or substantially similar work on jobs in which the employee's performance requires equal skill, effort, education, and responsibility and that are performed under similar working conditions. Stat. 363A.20(1). 820 Ill. Comp. Equal Pay 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 on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. 29 U.S.C. Stat. Stat. Ann. In addition to any relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant. 42 U.S.C. Remedies: An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense. 34-5-2(4). 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. 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. Law 292(5)-(6). An agency within the U.S. Department of Labor, 200 Constitution AveNW Codified Laws 20-13-42. Code Ann. Coverage: Applies to all employees and employers, but does not include the District or the federal government. 11-4-607(2). Is it Illegal to Discuss Wages? 39-3-104(1). 378-5(c). 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. N.M. Stat. A Georgia attorney could advise best, but your question remains open for three weeks. Code 1171. Utah Code Ann. Colo. Rev. 659.001. 5-11-13(b)-(c). 213.055.1(1)(a). Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. 31-40z(b)(5). Stat. 11-4-610. Remedies: An employer who willfully and knowingly violates this law shall be liable to the employee affected in the amount of his or her unpaid wages and in addition, an equal amount as liquidated damages; additionally, the court shall allow a reasonable attorney's fee and costs of the action to the employee. 43 Pa. Cons. Ga. Code Ann. Stat. N.M. Stat. In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney. 34:11-56.2. 659A.885(1). Md. Code 243(a)-(b). 203(s)(1). Rev. Coverage: Applies to all employers and their agents, including the state, that have 15 or more employees but does not include an Indian tribe or a bona fide private membership club. The Fair Labor Standards Act does not require extra pay for weekend or night work. 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. To choose not to engage in any of these protected concerted activities. Remedies: An employer who violates this Act shall be liable for the amount of the affected employees unpaid wages; the court shall also allow costs of the action and a reasonable attorneys fee not to exceed 25% of the judgment to be paid by the employer. W. Va. Code 21-5B-1(1). Code 22-2-2-3. 613.330(1)(c). 50-2-204(a)(1). The new requirements become effective on July 1, 2007. Iowa Code 216.15(9)(a)(1), (6)-(8). 23:663(2). 34:11-56.8. Haw. Stat. Cal. Companies like Glassdoor, which practice salary transparency, believe in ensuring employees are being paid fairly. 613.330(1)(a). Connecticut Human Rights Act Protection: It is a discriminatory practice for an employer, except in the cases of a bona fide occupational qualification or need, to discriminate against any individual in compensation because of the individuals sex. Me. 1-13-80(A)(1). Stat. 344.040(1)(a). Ann. Coverage: The law does not apply to family members. 34A-5-107(17)(a). 495b(c). 1-13-90(d)(9). Ind. Rev. Vt. Stat. The commission may also assess a civil penalty against the respondent ranging from $10,000 to $50,000. Stat. tit. Employers legally may not discipline or terminate employees for discussing their pay at work. 48-1223(5). Stat. Okla. Stat. S.C. Code Ann. 4-21-102(5), 4-21-405. 659 A.029, 659A.030(1)(b). Lab. 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. Code 22-9-1-3(l)(1), (q)(2). 39-3-104(2). Currently, only 17 percent of U.S. companies explicitly allow employees to discuss their pay at workoutside of managers discussing compensation with employees privately or with each other to . Kan. Stat. D.C. Code 32-1455(a), (c). Ga. Code Ann. tit. Utah State Personnel Management Act Protection: The state, its officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices. Ky. Rev. Remedies: Any person who knowingly transports, offers for transportation, ships, delivers, or sells in commerce any goods in the production of which any employee was employed in violation of section 206 shall be subject to a fine of not more than $10,000, or to imprisonment for not more than 6 months, or both. 11-4-607(1)(B). 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. Stat. Clarke-Figures Equal Pay Act Rev. Ann. Rev. Coverage: Applies to all employees except individuals in the domestic service of any person. Or. 448.07(4). Minn. Stat. 40, 198.2. Code Ann., State Govt 20-601(d)(1)-(3). N.H. Rev. Coverage: Applies to employers with 5 or more employees in the Commonwealth, as well as the Commonwealth itself, but does not apply to individuals employed in agriculture or in the domestic service of any person; individuals who, as a part of their employment, reside in the personal residence of the employer; or individuals employed by said individuals parents, spouse, or child. Ala. Code 25-1-30(c). 775 Ill. Comp. Coverage: Applies to all employees. Ann. N.M. Stat. 2000e-5(e)(1), (f)(1), (g)(1). Law 198(1-a). Ann. You've likely also thought about how your pay compares to your teammates who are doing the same kind of work. Md. 28-1-7(A). 181.68(2). Va. Code Ann. For a second 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 two times the amount of unpaid wage as liquidated damages. 652.210(1)-(2). Rev. La. The law errs on the side of protecting employees right to concerted activity. La. Employers cannot retaliate against employees for discussing their salaries or for encouraging other employees to exercise their rights to do the same. 5, 4613(2)(B)(1), (2), (7), and (8). Wash. Rev. 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. Stat. Laws 37.2202(1)(a). Govt Code 12940(a). They found that employees who were paid above the median were unaffected by using the website, while those who were paid lower than the median became less satisfied with their work and more likely to start job hunting. 244.230(4). 10:5-5(e)-(f). N.J. Stat. 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. However, policies that specifically prohibit the discussion of wages are unlawful. 3-301(b)(1)-(2). Rev. Before sharing sensitive information, make sure youre on a federal government site. 93(5)(a). 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. Remedies: If the commission finds that an employer has engaged in any unlawful practice, the commission shall issue an order requiring the employer to cease and desist from such unlawful practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay, and a requirement for report of the manner of compliance. Coverage: Applies to any employer employing 15 or more employees within the state, and to the state regardless of the number of employees; this Act does not apply to a religious organization, any corporation or association of any religious organization, a religious leader when acting in the capacity of a religious leader, or the Boy Scouts of America.
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can employees discuss wages in georgia