South Carolina Human Affairs Law Protection: It is an unlawful employment practice for an employer to discriminate against an individual with respect to the individuals compensation because of the individuals sex. 112/30(a-5). 23:302(2)(a)-(b). Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. The law does not provide for specific remedies or penalties for unlawful employment practices. Workers are often protected when discussing salaries, even if doing so damages morale. Rev. Code 49.58.020(1), 49.58.060(2)(a), 49.58.070(1). 34A-5-107(10). Lab. Coverage: Applies to all employees and employers, as well as agents of employers, and includes the state. 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. Code 34-06.1-09. 337.420(1)-(2), 337.423(1). 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. Mass. Companies that direct you not to talk about your pay with your coworkers may very well be on the wrong side of the law. See 29 U.S.C. Gen. Laws ch. Stat. 448.07(4). Lab. 1-13-30(h). N.Y. Exec. Tenn. Code Ann. 19 711(a)(1). 111.321, 111.32(1), 111.36. Tex. Ohio Rev. 11-4-608. D.C. Code 32-1455(a), (c). W. Va. Code. Colo. Rev. S.D. Conn. Gen. Stat. Clarke-Figures Equal Pay Act Code 21.002(7), (8)(C). Stat. Applies to all employers, including the state, that employ 3 or more persons. Rev. N.D. Code Ann. 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. Stat. 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. 820 Ill. Comp. 60-1.3, 60-1.5(a)(1), (5). The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Remedies: Any employer convicted of violating this law shall be fined not less than $250 nor more than $1,000. N.H. Rev. Coverage: Applies to employers that regularly employer 15 or more employees. Ann. 24-34-402(1)(i). Stat. Md. Coverage: Applies to all employees and employers, including the state. 19 709B(b)(1)-(2). Code Ann. p.usa-alert__text {margin-bottom:0!important;} Rev. Ga. Code Ann. Wyo. 28-23-6(A)(1)-(3). 44-1210(a). New Jersey Law Against Discrimination Protection: It is an unlawful employment practice for any employer to take reprisals against any employee for requesting from, discussing with, or disclosing to any other employee or former employee of the employer, a lawyer from whom the employee seeks legal advice, or any government agency information regarding rate of compensation, including benefits, of any employee or former employee of the employer or to require, as a condition of employment, any employee or prospective employee to sign a waiver, or otherwise require an employee or prospective employee to agree, not to make those requests or disclosures. Del. 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. Stat. N.M. Stat. Del. 613.330(1)(a). In an action before the court, if the court finds that the employer has engaged in an unlawful discriminatory practice, the court shall enjoin the employer from engaging in such unlawful discriminatory practice and order affirmative action which may include back pay, or any other legal or equitable relief, and the costs of litigation, including reasonable attorney fees and witness fees. & Empl. Code Ann. 354-A:21(II)(d). Subscribe to our blog for the latest employment law news. Ann. 23:663(2). tit. Okla. Stat. Iowa Civil Rights Law Protection: It is an unfair or discriminatory practice for any employee to discriminate against any employee because of the sex or gender identity of such employee by paying wages to such employee at a rate less than the rate paid to other employees for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Employers who violate any provision of the Act are subject to a civil penalty for each affected employee as follows: an employer with fewer than 4 employees first offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000; an employer with 4 or more employees first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000. Ala. Code 25-1-30(b). Cal. 11-4-610. 149, 1. 48-1223(5). Law 194(4)(a)-(b). Rev. Lab. 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. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Cal. Executive Order No. 775 Ill. Comp. La. Glassdoors Blog provides valuable content to the conscious job seeker and employees who are passionate about furthering and deepening their careers. 181.66(3). Individuals elected to public office may be considered employers, but are not considered employees. Iowa Code 216.15(9)(a)(9)(a)-(b). Remedies: A court may grant relief including a requirement that the employer conduct trainings for all employees, supervisors, and management; a court may assess against the defendant a civil penalty of up to $25,000. The NLRA allows workers to discuss topics, such as wages, that affect them at work. 24-34-401(3). Conn. Gen. Stat. Rev. 378-1. 112/30(c). Ann. 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. Govt Code Ann. 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. Or. 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. Ind. Code Ann., Lab. Although the Act protects union and non-union workers alike, there are limitations. Okla. Stat. Remedies: If the commission finds that an employer has engaged in an unlawful discriminatory practice, it shall issue an order requiring the employer to cease and desist from the practice and require the employer to take affirmative action, including payment of back pay; hiring; payment of actual damages; and the submission of a report of the manner of compliance. Coverage: The terms employer and employee have the same meanings as in the Fair Labor Standards Act, which applies to all employers, including government agencies, with respect to any of their employees who are engaged in commerce or employed in an enterprise engaged in commerce. 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. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. An employee whose job function involves access to company wage and payroll information may not disclose employee pay information to other employees unless directed to by the employer or an investigating agency. Md. Me. 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. Compensatory damages are capped ranging from $50,000 to $300,000, depending on the number of employees the employer has. 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. Transparency around salaries can arm marginalised workers and close the wage gap. Mass. 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. 46a-86(a)-(b). Stat. The National Labor Relations Act has been in place for nearly 90 years. 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. Coverage: Applies to all employers and their agents, but does not apply to those subject to the Fair Labor Standards Act. 336.5(a). 820 Ill. Comp. Coverage: Applies to all employers, including the state, and all employees. Rev. tit. 5 4577. 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. The Act applies to any employer, and any agent of the employer, employing 10 or more employees who is engaged in intrastate commerce. Tenn. Code Ann. Oregon Equal Pay Law Protection: It is an unlawful employment practice for an employer to: (a) in any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character; (b) pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character; (c) screen job applicants based on current or past compensation; (d) determine compensation for a position based on current or past compensation of a prospective employee. Ga. Code Ann. Ky. Rev. 44-1701(1)-(2). Together, we can close the gender and racial wage gap. 19 710(6)(a)-(d). Ct. 1988) (Generally, it is illegal for an employer to pay disparate wages or salaries for jobs held by persons of different sexes if the jobs require equal skill, effort, and responsibility, and are performed under similar circumstances.); Sokn v. Fieldcrest Comm. Code Ann., Lab. 652.220(1)(a)-(d). Coverage: Applies to any employer or agent of the employer, including the state, that has 2 or more employees within the state, but does not apply to any employer subject to the Fair Labor Standards Act. Washington Law Against Discrimination Protection: It is an unfair employment practice for any employer to discriminate against any person in compensation or in other terms or conditions of employment because of sex. Contact our Public Affairs Office at 202-273-1991 or one of our 26 regional offices. Generally, employers can require supervisory and managerial employees to keep employee compensation confidential. Del. 24-34-401(2). Stat. Employee means an individual employed by an employer. Wash. Rev. Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). 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. Lab. N.D. Coverage: Applies to all employees and to any employer or agent of the employer, including the state, employing 4 or more persons. 4112.99. Stat. The National Labor Relations Board has made it clear that this includes the right to discuss wages. Stat. Law 190(3). Cal. 34-5-2(3). Ann. Coverage: Applies to all employees except individuals in the domestic service of any person. 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. Stat. [CDATA[/* >