820 Ill. Comp. 45-19-22(5). Laws 37.2605(1)-(2)(a), (f), (g), (i), (k)(i)-(iii). What are my rights? 46a-86(a)-(b). See examples of NLRB decisions below. Rev. Stat. Codified Laws 20-13-42. Tenn. Code Ann. 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. Applies to all employers, including the state, that employ 3 or more persons. Stat. tit. Me. N.J. Stat. 19 709B(h)(3). N.D. 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. Remedies: Any employer who violates section 4 shall be liable to the employee affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages; in addition to any judgment awarded to the plaintiff, the court shall allow recovery of reasonable attorneys fees and costs of the action. The law allows employees to discuss their wages with other employees. Remedies: If an employer has engaged or is engaging in any discriminatory or unfair practice, it shall be ordered to cease and desist from such practice. N.C. Gen. Stat. Remedies: Upon finding a civil rights violation, the Commission may provide for any relief or penalty by entering order directing the respondent to cease and desist; pay actual damages; hire, reinstate, or upgrade the complainant with or without back pay; pay the complainant all or a portion of the costs of maintain the action, including reasonable attorney fees and expert witness fees; and take such action as may be necessary to make the complainant whole, including awards of interest on complainants actual damages and back pay from the date of the civil rights violation. 43 Pa. Cons. 50-2-204(a)(2). 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. S.C. Code Ann. Okla. Stat. 5 4577. Coverage: Applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service, but does not apply to governmental agencies. 820 Ill. Comp. 387-4. tit. In addition to any judgment awarded to the plaintiff, the court shall allow costs of action including reasonable attorneys fees. 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. 44-1704(2). 93(2). D.C. Minn. Stat. However, this law does not apply to Native American tribes or bona fide membership clubs that are exempt from taxation; to the employment of an individual by his or her parents, spouse, or child; to employment to perform domestic services; or to religious corporations, associations, or societies. Stat. 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. Md. 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. Gen. Laws ch. tit. Ann. Code 1171. 336.8(a). National Labor Relations Board NLRB says employees have right to discuss terms conditions of employment including wages benefits in union, non-union settings. Laws 750.556. 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. 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. 2019-10(1). 3-308(d)(2)(i). 44-1210(a). Code 22-9-1-3(l)(1), (q)(2). Wyoming Fair Employment Practices Act of 1965 Protection: It is a discriminatory or unfair employment practice for an employer to discriminate in matters of compensation or the terms, conditions or privileges of employment, against any person otherwise qualified because of sex or pregnancy. Code 21.002(8)(A), (D). tit. See 29 U.S.C. 659A.001(3)-(4)(a). 60-1.3, 60-1.5(a)(1), (5). Remedies: If the presiding officer finds that an employer has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the employer to cease any discriminatory practice and provide relief to the complaining party, including back pay and benefits, attorneys fees, and costs. .table thead th {background-color:#f1f1f1;color:#222;} Plus, other pay transparency issues have come to light recently, including companies not advertising jobs in Colorado because of a law that requires salary ranges to be included in job postings. The court may also award affirmative relief, including reinstatement or hiring, with or without back pay, front pay, or any other equitable relief. 50-2-202(a). Stat. Employee compensation is a sensitive subject, one that many employers would like to keep secret. Ann. Remedies: In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief, including back pay; the court may also award compensatory damages and punitive damages, but the judgment for the total amount of punitive damages shall not exceed $100,000. 12571. Stat. Ann. 5/2-101(B)(2). 3-308(d)(2)(i). Md. Wyo. 46a-60(a)(1). Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. 112/10(b-10)(1)-(2). 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. 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. 28 R.I. Gen. Laws 28-5-6(7)-(8). 49.58.040(2)(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. 337.423(1). Remedies: A complainant who has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 may file an action directly in the district court; any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs. Lab. 5/2-102(A). Gen. Laws. 67-5909(1). 659.001. 275:36. 10:5-5(e)-(f). ch. 387-12(a)(2), (a)(4). Stat. Code 22-2-2-4(d). La. 44-1202(d). Rev. S.D. Coverage: The Act applies to any female individual who is employed by an employer to work 40 or more hours a week. N.D. Stat. 275:40. Additionally, the employer may also be liable to the employee for punitive damages. Lab. 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. 60-1.26(a)(2), (b)(1); 60-1.27. Rev. Code 1197.5(k)(2). 4111.17(A). tit. They just can enforce it. Code Ann., Lab. Protection: An employer shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history. A civil penalty claim may be filed in any court of competent jurisdiction. 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. Ann. Lab. Ind. 149, 105A. Stat. Stat. 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. 34-5-2(4). Haw. Mich. Comp. In a civil action, if an employer is found to have engaged in any unlawful discriminatory practice, the court may enjoin he employer from engaging in such practice and order affirmative action including reinstatement, hiring, or upgrading with or without back pay. 26, 628. Plus, younger workers entering the workforce has challenged the taboo on discussions of pay and salaries, according to a recent piece from the Wall Street Journal, which generated many reactions on LinkedIn. Law 197. 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. Code Ann., Lab. 659A.885(1). Rev. Cal. N.M. Stat. 608.180, 608.195(2). Cal. Rev. Kan. Stat. The National Labor Relations Act of 1935 protects your right to discuss the conditions of . Main Equal Pay Law Protection: An employer may not prohibit an employee from disclosing the employee's own wages or from inquiring about another employee's wages if the purpose of the disclosure or inquiry is to enforce the rights granted by this section. Rev. Its pretty simple: if you found out that a co-worker doing the same job as you was making more money, youd be understandably upset, right? 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. tit. 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. 23:666(A). Coverage: Applies to any employer who employs 9 or more employees. 67-19-3(3), (5), (10). 151B, 5. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees. 12571. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} 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. N.M. Stat. Coverage: Applies to the Office of the Governor and state agencies for which the Governor has oversight authority. Tenn. Code Ann. Stat. The employer may be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 1 year, or both, for each offense if the total amount of all unpaid wages is more than $1,000 but less than $2,000. 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